South Carolina Business Litigation Lawyer

Results & Settlements

Business and civil disputes rarely resolve themselves. Breached contracts often go unpaid. Business partners act in bad faith. Competitors use unfair tactics. Vendors deliver defective goods and refuse to accept responsibility. When disputes cannot be resolved through direct communication or negotiation, litigation becomes the path to accountability and recovery.

The civil and business litigation attorneys at Hughey Law Firm represent individuals, business owners, and companies throughout South Carolina in a wide range of civil and commercial disputes in state and federal courts, as well as in mediation and arbitration at every stage of the legal process.

Key Takeaways

According to South Carolina Code Section 15-3-530, the statute of limitations for breach of contract and most civil claims is three years from the date the claim accrues or is discovered. Missing this deadline usually results in the permanent loss of the right to sue.
Title 39, Chapter 5 of the South Carolina Code, also known as the South Carolina Unfair Trade Practices Act (SCUTPA), provides remedies against unfair methods of competition and deceptive trade practices. These remedies include the potential for treble damages and attorney fees when violations are willful or knowing.
South Carolina recognizes tortious interference with a contract or prospective contractual relations as a business tort, allowing businesses to seek compensation when a third party wrongfully disrupts an existing or potential business relationship.
The South Carolina Trade Secrets Act protects confidential business information from misappropriation and provides injunctive relief and damages, including exemplary damages in cases of willful misappropriation.
Hughey Law Firm has recovered over $325 million for South Carolina clients. The firm’s founder spent years as a defense attorney for institutional defendants before building a litigation firm devoted to representing individuals and businesses seeking accountability.

What Civil and Business Litigation Covers in South Carolina

Civil and business litigation involves all legal disputes between individuals, businesses, and organizations resolved through the South Carolina court system instead of criminal prosecution. In South Carolina, these disputes are heard in circuit court. Civil matters are heard in the court of common pleas, and federal court hears cases involving federal law or diversity jurisdiction.

Civil litigation covers a wide range of disputes. At Hughey Law Firm, our civil and business litigation practice focuses on cases in which a party has suffered real, quantifiable harm due to another party’s breach of a legal obligation, violation of a contract, fraudulent activity, or unfair business practices.

The firm handles civil and business disputes across the following categories:

Breach of contract and failure to perform
Business fraud and fraudulent misrepresentation
Unfair trade practices and SCUTPA violations
Breach of fiduciary duty by partners, officers, or directors
Tortious interference with contract or business relationships
Trade secret misappropriation
Non-compete and non-solicitation agreement disputes
Shareholder and partnership disputes
Insurance bad faith
Collection of judgments and enforcement of awards
Defamation and business reputation claims

Each type of dispute involves a distinct set of legal standards, required evidence, and available remedies. Identifying the right legal theory from the outset affects what evidence must be preserved, what damages can be pursued, and how quickly the case can move toward resolution.

Breach of Contract Disputes in South Carolina

To prove a breach of contract claim in South Carolina, you must show that a valid contract existed, that the plaintiff performed or was excused from performing, that the defendant breached the contract, and that the breach resulted in actual damages. The statute of limitations is three years from the date of the breach or its discovery.

Contract disputes are the most common type of case in the South Carolina Circuit Court. Such disputes arise in every sector of commercial activity, including construction, real estate, employment, vendor relationships, and professional services agreements.

South Carolina courts recognize both written and oral contracts. However, certain types of contracts, including agreements for the sale of goods exceeding $500 that are governed by the South Carolina Uniform Commercial Code, as well as contracts for the transfer of real property, must generally be in writing to be enforceable under the statute of frauds.

In South Carolina, when one party breaches a contract, the non-breaching party is entitled to be placed in the position they would have been in had the contract been performed through an award of expectation damages. If expectation damages are difficult to calculate, courts may award reliance damages for costs incurred in preparation to perform. If the breach was accompanied by fraudulent conduct, South Carolina law recognizes a separate claim for breach of contract involving a fraudulent act, which may result in an award of punitive damages.

The statute of limitations for breach of contract claims in South Carolina is three years from the date the breach occurred or was discovered, according to South Carolina Code Section 15-3-530. According to South Carolina’s discovery rule, the limitations period does not begin until the plaintiff knew or should have known of the breach. This is particularly relevant in cases involving ongoing contractual relationships or concealed breaches.

South Carolina's Unfair Trade Practices Act

The South Carolina Unfair Trade Practices Act (SCUTPA), found in Title 39, Chapter 5 of the South Carolina Code, prohibits unfair methods of competition and deceptive acts or practices in trade or commerce. Successful SCUTPA claims may result in triple damages and attorney fee awards, making the statute a powerful tool in business litigation.

SCUTPA is one of the most significant statutes in South Carolina civil and business litigation. It establishes a private right of action for individuals and businesses that have been harmed by unfair or deceptive trade practices, and it provides remedies that surpass those allowed by standard negligence or breach of contract claims.

Under SCUTPA, a successful plaintiff can recover actual damages. If the court finds that the defendant acted with malice or knowledge, it may award up to triple the actual damages, commonly referred to as treble damages. The Act also authorizes an award of attorney fees to the prevailing plaintiff, which can significantly alter the economics of litigation in the plaintiff’s favor.

SCUTPA claims commonly arise in the following business contexts:

Deceptive advertising or marketing that causes harm to consumers or competitors

Misrepresentations made during a business transaction or acquisition

Fraudulent billing or invoicing practices

Unfair practices by insurance companies when handling claims

Deceptive conduct in real estate transactions

Competitive practices that cross the line from aggressive to unlawful

The statute of limitations for SCUTPA claims is three years. The South Carolina courts have clarified that, in cases involving continuing conduct, the limitations period begins anew with each separate violation.

Business Torts: When Competitors or Third Parties Cross the Line

South Carolina recognizes three independent business tort claims: tortious interference with contract, tortious interference with prospective business relations, and misappropriation of trade secrets. These claims allow businesses to pursue damages when a competitor or third party wrongfully disrupts established or anticipated business relationships.

Businesses may suffer financial harm when a third party disrupts their contracts or prevents them from establishing new business relationships.

Tortious interference with a contract occurs when someone intentionally and without justification causes one party to break an existing contract with another. To prove this claim, one must show that a valid contract existed, the defendant knew about it, intentionally induced the breach without justification, and caused actual damages.

Tortious interference with prospective business relations occurs when someone intentionally and without justification prevents a business from forming a new relationship. This occurs when someone uses wrongful conduct to prevent a business relationship from forming. Since no contract exists yet, these claims usually require stronger evidence of improper conduct.

The South Carolina Trade Secrets Act protects trade secrets, including formulas, customer lists, processes, and technical data that derive economic value from their secrecy. A business whose trade secrets have been misappropriated by a former employee, competitor, or vendor can pursue injunctive relief to stop the use of the information, as well as damages for economic harm. Willful or malicious misappropriation may result in an award of exemplary damages of up to twice the amount of actual damages, as well as attorney’s fees.

Resolving Business Disputes: Litigation, Mediation, and Arbitration

In South Carolina, civil and business disputes can be resolved through a trial in state or federal court, court-ordered mediation, or private arbitration if the contract requires it. The appropriate forum depends on the nature of the dispute, the terms of the contract, and the speed and cost considerations of each party.

Not every business dispute ends in trial. South Carolina courts require mediation before most civil cases can be scheduled for trial. Additionally, many commercial contracts include mandatory arbitration clauses that require disputes to be resolved through a private arbitration process rather than in court.

Litigation in state court

proceeds through the Circuit Court of Common Pleas. Most civil business disputes in South Carolina are tried in circuit court before a judge or jury, depending on the nature of the claim and the parties' preferences.

A federal court

has jurisdiction over business disputes in South Carolina when the parties are from different states and the amount in controversy exceeds $75,000, or when the dispute involves a federal statute. Federal cases proceed under the Federal Rules of Civil Procedure in the United States District Court for the District of South Carolina.

Mediation

is mandatory before most South Carolina civil trials. Mediation involves a neutral third-party mediator who facilitates settlement negotiations. Parties who reach a mediated settlement avoid trial and the uncertainty of a jury verdict.

Arbitration

is a binding dispute resolution process involving a private arbitrator or panel. When a contract's arbitration clause applies, the parties usually cannot opt for litigation instead. Determining whether an arbitration clause applies and is enforceable under South Carolina law is an important initial step in analyzing any business dispute.

If you believe your loved one has been abused or neglected, call (843) 881-8644 to schedule a free consultation, fill our contact form or connect through live chat to speak with our team.

How Hughey Law Firm Approaches Civil and Business Litigation in South Carolina

The Hughey Law Firm’s civil and business litigation practice is rooted in the firm’s aggressive, evidence-driven approach to every area of its work. Founding attorney Nathan Hughey spent years defending institutional clients, insurance companies, and businesses before building a firm focused on representing individuals and businesses seeking accountability from those who have wronged them.

His background in defense is a direct asset in civil and business litigation. The firm’s attorneys understand how the other side evaluates claims, manages litigation costs, and makes settlement decisions. They build their cases with this knowledge from the outset.

The firm has recovered over $325 million for South Carolina clients in personal injury and civil litigation, demonstrating its depth of trial experience and litigation resources for complex cases. The firm evaluates all civil and business litigation cases during a free initial consultation.

Past results do not guarantee future outcomes. Each case is evaluated based on its unique facts and circumstances.

Speak With a South Carolina Business Litigation Attorney Today

Business and civil disputes do not resolve themselves. Evidence can disappear, deadlines can pass, and the other side can prepare its defense as soon as the dispute arises. The civil and business litigation attorneys at Hughey Law Firm in South Carolina are ready to evaluate your situation and take immediate action to protect your interests.

Call (843) 881-8644 or contact us online for a free, confidential consultation. There is no fee unless we recover compensation for you.

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Frequently Asked Questions About South Carolina Civil and Business Litigation

Can I recover attorney fees in a South Carolina business litigation case?

Possibly. South Carolina generally requires each party to pay its own attorney fees, unless a law or contract states otherwise. However, certain claims, including qualifying SCUTPA claims, may allow for the recovery of attorney fees.

Does every business dispute have to go to court?

No, businesses may resolve disputes through negotiation, mediation, or arbitration. Some contracts require arbitration, and court rules may require mediation before trial. The best option depends on the dispute and any applicable agreements.

What remedies are available in a South Carolina business dispute?

Depending on the claim, remedies may include financial compensation, court orders requiring specific actions or prohibiting certain conduct, punitive damages, or attorney fees. Some claims, including certain violations of South Carolina’s Unfair Trade Practices Act (SCUTPA), may allow for additional damages or fees.

What is the difference between civil litigation and criminal prosecution?

Civil litigation resolves disputes between parties and often involves compensation or court orders. Criminal prosecutions are brought by the government to punish violations of criminal law. The same conduct may lead to both civil and criminal cases.

How long do I have to file a civil lawsuit in South Carolina?

The deadline depends on the type of claim. Many contract, business tort, and personal injury claims have a three-year filing deadline, but there are exceptions. Claims against government entities may have additional requirements, so it is important to consult an attorney promptly.

South Carolina Civil and Business Litigation Lawyer