Skip to main content
Commercial Litigation Overview
South Carolina state flagSouth Carolina

Commercial LitigationUnder South Carolina Law

South Carolina sets its own contract deadlines and forums for commercial litigation. Here is what controls your company's dispute, and how we litigate it.

Three years on Written Contracts, from when the breach was or should have been discovered

S.C. Code § 15-3-530

Flexible Fee Structures

Contingency · Hourly · Hybrid

Licensed in South Carolina

Business litigation counsel

Overview

Commercial Litigation in South Carolina

Some commercial disputes are resolved in negotiation. Others are tried. We represent businesses across Alabama, Georgia, and South Carolina in commercial litigation from pre-suit demand through verdict and appeal.

Constantin Post is licensed in South Carolina. The firm litigates commercial litigation for companies across the state, in Columbia, Charleston, Greenville, Spartanburg, and Rock Hill, and everywhere in between. The rules below are the ones that shape a South Carolina dispute from the first demand letter.

Deadlines

The South Carolina Contract Deadline

South Carolina gives most breach of contract claims, written or oral, only three years under S.C. Code § 15-3-530, counted from when the breach was or should have been discovered, half of what Alabama and Georgia allow for written agreements. The important exception is a contract for the sale of goods, which carries six years under the state's UCC (S.C. Code § 36-2-725). Businesses with South Carolina contracts need to move on disputes quickly; a non-goods claim that would be comfortably timely in Birmingham or Atlanta may already be barred in Charleston.

Forums

Where South Carolina Disputes Are Litigated

We handle South Carolina business disputes in the circuit courts of common pleas and before South Carolina-seated arbitrators and mediators when the contract requires it. Before any of that, the contract itself has to be read closely. Forum-selection, choice-of-law, arbitration, and fee-shifting clauses frequently determine more about the course of a dispute than the merits do, and they are cheaper to address at the outset than to litigate later.

Common Questions

How long does my company have to sue over a South Carolina contract?

South Carolina gives most breach of contract claims, written or oral, only three years under S.C. Code § 15-3-530, counted from when the breach was or should have been discovered, half of what Alabama and Georgia allow for written agreements. The important exception is a contract for the sale of goods, which carries six years under the state's UCC (S.C. Code § 36-2-725). Businesses with South Carolina contracts need to move on disputes quickly; a non-goods claim that would be comfortably timely in Birmingham or Atlanta may already be barred in Charleston.

Where would my South Carolina dispute be litigated?

We handle South Carolina business disputes in the circuit courts of common pleas and before South Carolina-seated arbitrators and mediators when the contract requires it. Forum-selection and arbitration clauses in the contract can move the matter to a different venue entirely, which is one of the first things we review in any South Carolina case.

Can a Hoover, Alabama firm handle my South Carolina business dispute?

Yes. Between them, our attorneys are licensed in Alabama, Georgia, and South Carolina and represent South Carolina businesses in person, by telephone, and by video conference. What changes across the state line is the law that applies, and we practice under South Carolina's.

How are your fees structured for business disputes?

We work on hourly, flat-fee, hybrid, and, in qualifying matters, contingency arrangements, matched to the size of the dispute and the company's cash position. The structure is agreed in writing before the work begins. The initial consultation is confidential and without charge.

Free South Carolina Guides on This Topic

Plain-English answers under South Carolina law, free to read before you ever call.

Doing Business in Another State?

The same firm, under the rules of the state where your dispute sits.

Talk to a South Carolina-Licensed Business Litigator

Free, confidential consultation on your South Carolina commercial litigation matter.