Ellisdon Construction, Inc. v. Clemson University
Ellisdon Construction, Inc. v. Clemson University
Opinion of the Court
In this case, EllisDon Construction (Appellant) appeals the decision of the circuit court that held Appellant was not entitled to interest under section 34-31-20 of the South Carolina Code (1987 & Supp. 2008). We affirm.
FACTS/PROCEDURAL BACKGROUND
Appellant, a general contractor, had contracted, with Clemson University (Clemson) to construct a new science complex on Clemson’s campus. The contract stated that Clemson would pay interest to Appellant in accordance with the Prompt Payment Act found at section 29-6-50 of the South Carolina Code (2007). This section reads, in pertinent part:
If a periodic or final payment to a contractor is delayed by more than twenty-one days ... the owner, contractor, or subcontractor shall pay his contractor or subcontractor inter
Clemson withheld a portion of the payment for the project, claiming Appellant had materially failed to perform its contractual obligations. After failed mediation attempts, the Chief Procurement Officer found that Appellant failed to meet the requirement for receiving an award of interest under section 29-6-50 because it failed to provide Clemson notice of the statute when it requested payment. The Procurement Review Panel (Panel) reasoned that although Appellant failed to meet the notice requirement of section 29-6-50, it would be inequitable to hold that EllisDon could not collect prejudgment interest. Thus, the Panel held Appellant was entitled to interest under the general interest statute found at section 34-31-20(A) of the South Carolina Code.
STANDARD OF REVIEW
The South Carolina Administrative Procedures Act governs the judicial review of a decision of an administrative agency. S.C.Code Ann. § 1-23-380 (Supp. 2008). An appellate court may reverse the decision of an administrative agency if it is affected by an error of law. Id. § 1-23-380(5).
ANALYSIS
Appellant argues that the circuit court erred in holding South Carolina’s general interest statute was not applicable to the contract in question. We disagree.
Further, the circuit court correctly found that the Panel improperly awarded Appellant interest under the general interest statute because the Panel felt it would be inequitable to do otherwise. As the circuit court explains, equity is only available when a party is without an adequate remedy at law. See Key Corp. Capital, Inc. v. County of Beaufort, 373 S.C. 55, 61, 644 S.E.2d 675, 678 (2007) (“While equitable relief is generally available where there is no adequate remedy at law, an adequate legal remedy may be provided by statute.”). In this case, Appellant had a legal remedy for collecting interest — it needed only to meet the requirements of section 29-6-50 to be entitled to interest. A party failing to fulfill the requirements of its legal remedy cannot later come to the courts complaining of hardship, seeking an equitable remedy.
Because the contract specified an interest amount, section 34-31-20(A) does not apply. Therefore, the circuit court did not err in reversing the judgment of the Panel, and the judgment of the circuit court is affirmed.
. "In all cases of accounts stated and in all cases wherein any sum or sums of money shall be ascertained and, being due, shall draw interest according to law, the legal interest shall be at the rate of eight and three-fourths percent per annum.”
Concurring Opinion
I concur in the majority’s decision to affirm the circuit court’s order, but write separately as I reach this result by a different route.
While it is certainly accurate to say that parties may contract for a different interest rate than that provided by the prejudgment interest statute,
I find, however, that appellant is barred from recovering prejudgment interest by the doctrine of sovereign immunity. It is well-settled that the doctrine bars recovery of interest against the State “unless [the State has been] bound by an act of the Legislature or by a lawful contract of its executive officers....” Monarch Mills v. S.C. Tax Comm’n, 149 S.C. 219, 146 S.E. 870 (1929); see also e.g. Div. of Gen. Serv. v. Ulmer, 256 S.C. 523, 183 S.E.2d 315 (1971).
In 1985, this Court prospectively abrogated the doctrine of sovereign immunity insofar as that doctrine had insulated
. Turner Coleman, Inc. v. Ohio Const. & Eng’g Inc., 272 S.C. 289, 251 S.E.2d 738 (1979).
. This is an appeal from an administrative proceeding involving a contract dispute. Whether a party to a tort action against the State could recover prejudgment interest under § 34-31-20 is a question best left for another day. Compare Varn v. S.C. Dep’t of Highways and Pub. Transp., 311 S.C. 349, 428 S.E.2d 895 (Ct.App. 1993) (costs available against State in tort action even though Tort Claims Act does not specifically.provide for award since Act provides State agencies are liable in tort in same manner and to same extent as private individual).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.