Termite Lawyer in Kiawah Island, SC

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When you choose CDH for a termite damage attorney in Kiawah Island, SC, you can rest easy knowing you're in confident, capable hands. Clients trust our law firm for termite damage cases because we have:

  • A Demonstrated Playbook of Strategies
  • A Proven Track Record of Successful Termite Cases
  • Substantial Termite Evidence Lockers with Experts and Depositions
  • Experience Handling Cases Across the Southeast United States
  • Manuals for Many Major Termite Control Companies

Unlike some termite damage law firms, our lawyers study the practices and policies of large termite control and home inspection companies. We use creative strategies to avoid unfair arbitration clauses and have devoted real resources to solving our client's claims.

Simply put, you can trust our termite damage attorneys with your case because we genuinely care about you as our client.

Whether you're a homeowner, commercial property owner, or a homeowner's association, know that you're not alone. If termites are causing damage to your property, don't let giant pest control chains or home inspection franchises take advantage of you. The cost of repairs should fall where it should - on the shoulders of the home inspection company, pest control company, or their insurers.

What Are the Signs of Termite Damage?

It's not always easy to spot the signs of termite damage, especially if you're an average person without much knowledge of the termite species. Plus, termites often wreak havoc in unseen areas like drywall, siding, and the framing of your house, so seeing damage isn't always easy. Despite those challenges, there are some common signs and areas for you to consider.

Some common signs of termite damage include:

  • Termite Swarms in Your Home
  • Discarded Termite Wings in Crawlspaces, Attics, or Other Areas
  • Small Holes or Pin Pricks in Walls
  • Mud Tunnels Running Along the Outer Walls of Your House
  • Dirt Falling Out of Cracks, Power Outlets, or Holes in Walls
  • Warped Doors and Windows

Some of the most common areas where termites do damage include:

  • In and Around Chimneys
  • Around the Bases of Outside Walls
  • In the Floors or Walls of Your Attic
  • In Your Crawlspace
  • Laundry, Bath, and Utility Rooms
  • The Floors and Sinks of Your Kitchen or Bathroom
  • Hollowed Out Wooden Areas Around Your Home

What Should I Do if I Find Termite Damage?

If you find termite damage in your home, it's best not to try and fix it yourself. Why? First, repairing damage from termites is a complicated, painstaking endeavor that requires a skilled, tedious approach. Spotting termite damage and knowing how to fix it requires a deep knowledge of how termites behave and live to get rid of them. Second, and perhaps most importantly, taking a DIY approach to termite damage may ruin your termite lawsuit.

That's true even if you have the skills and experience to do so. You might inadvertently destroy important evidence that is key to your case, which may ruin your chances of compensation for damages and poor work. Instead of trying to repair damage on your own, get a second opinion from a trusted inspector. Once your concerns are verified, it's time to call CDH Law Firm. Our experienced termite damage attorneys will dig into your case and discover if you're one of the thousands of people with grounds for filing a termite lawsuit.

Who Is at Fault for Termite Damage?

We get this question often at CDH Law Firm, though the answer is sometimes unclear. What we do know is that if you're looking for the max amount of compensation, we'll need to discover who was at fault. In some cases, it's easy to determine fault. For example, if you're a new homeowner, and a termite inspector or seller didn't inform you of an infestation, you may have grounds to sue.

However, things get more complex if you rent a home or bought a residence many years ago and have been using a pest control company for termite infestation. You could have grounds for a case against the pest control company, your landlord, or a different third party, depending on the circumstances of your case. That's why working with a termite attorney in Kiawah Island, SC is so important - so they can investigate the details and damages associated with your infestation and determine who is accountable.

10 Common Excuses for Avoiding Termite Damage Liability

If you have trusted your home with a pest control company and encounter a termite issue, you might not get the help you expect, even if your claim is legitimate. With years of experience fighting big pest control companies and their insurers, we've heard just about every excuse in the book. If you're dealing with a termite problem, be wary if you hear any of the following excuses.

  • 01.The contract you signed releases our company of any liability.
  • 02.We can't help unless you sign a brand-new contract.
  • 03.There's moisture around the damaged areas of your home. We aren't responsible.
  • 04.We're under no obligation to discover hidden termite damage.
  • 05.We won't review your bond unless your property is re-treated.
  • 06.We don't have to pay because you have a re-treat-only contract.
  • 07.You need to pay for re-treatment because our chemicals or pesticides have worn off.
  • 08.You dug up our chemical barrier. Your infestation is not our fault.
  • 09.Our insurance company won't pay you. If you have a complaint, take it up with them.
  • 10.We'll cover the cost of fixing damage, but we won't open walls to see if more damage is present.

However, things get more complex if you rent a home or bought a residence many years ago and have been using a pest control company for termite infestation. You could have grounds for a case against the pest control company, your landlord, or a different third party, depending on the circumstances of your case. That's why working with a termite attorney in Kiawah Island, SC is so important - so they can investigate the details and damages associated with your infestation and determine who is accountable.

Negligence

Can I Sue a Home Inspector for Negligence?

If your home inspector did not uphold their duties and obligations to you as the home buyer, you could most certainly sue a home inspector.

Unless your termite infestation was new when your home was inspected, it would be hard for a home inspector to miss it. If you just bought a house and you have discovered damage or signs of a termite infestation, contact CHSA Law today. Our team of termite damage attorneys may be able to prove that your inspector failed at spotting and reporting termite issues in your new home.

However, proving negligence is easier said than done without a lawyer by your side. Termite inspectors aren't always expected to find every bit of termite damage, and they're often not the final say in whether your home is damage-free. That's why, with CDH Law Firm as your advocate, we'll ask the hard-hitting questions needed to discover if your inspector missed termite damage for legitimate reasons or if they were careless and negligent. We'll help facilitate a second inspection if needed and will work tirelessly to earn you the compensation you deserve.

Breach

Can I Sue a Home Inspector for Breach of Contract?

You should know that even if your home inspector is legally negligent for missing termite damage or infestations, their liability will often be limited due to the language in their contract.

If your lawsuit doesn't have the proper foundation to prove negligence, your termite damage lawyer in Kiawah Island, SC may be able to win compensation via breach of contract. In many circumstances, this is the best route to take if it's easier to prove that an inspector violated a contract. For example, suppose the home inspection contract you signed called for a whole-home inspection, and the inspector failed to survey your crawlspace or attic. In that case, you may have a viable claim in court.

At CDH Law Firm, we understand that every termite damage case situation is different. As such, we approach every case with a nuanced, multi-faceted strategy crafted with your best interests in mind.

Cobb, Dill, & Hammett Is Here When You Need Us Most

When a termite prevention company or home inspector is negligent and causes damage to your home, it's time to act fast. You need a trustworthy termite attorney in cityname, state by your side to take the proper steps toward getting compensation.

When you depend on CHSA Law, LLC, you'll receive personalized attention and proactive representation. That's because we make an intentional decision to limit our law firm's overall caseload. This allows us to better focus on our individual clients, many of whom remain with us for generations. We do not pass off cases to paralegals or junior associates but rather prioritize the attorney-client relationship.

We value compassion and integrity, and our practice reflects those values. If you're ready to take a stand, call our office today. Our termite damage lawyers will help create a better future for you, your family, or your business.

Don't hesitate to ask

Law is complicated matter. It can cause you a big problem if you ignore it. Let us help you!

 Law Firm Kiawah Island, SC

Latest News in Kiawah Island, SC

Editorial: Stop wasting money; start conserving Capt Sam’s Spit

For years, we have called for the conservation of the fragile, ever-shifting southern tip of Kiawah Island, a slice of land many know as Capt. Sam’s Spit. We reiterate that call for a deal — and encourage leaders in our state government and conservation community to focus anew on it — particularly as the property remains in between controversial efforts to develop homes there.As The Post and Courier’s Toby Cox reported, the property is tied up in a complicated legal dispute over a 2013 Amended and Restated Deve...

For years, we have called for the conservation of the fragile, ever-shifting southern tip of Kiawah Island, a slice of land many know as Capt. Sam’s Spit. We reiterate that call for a deal — and encourage leaders in our state government and conservation community to focus anew on it — particularly as the property remains in between controversial efforts to develop homes there.

As The Post and Courier’s Toby Cox reported, the property is tied up in a complicated legal dispute over a 2013 Amended and Restated Development Agreement between the town of Kiawah Island and developer Kiawah Resort Associates that expired last month. At issue is whether the developer met contractual obligations to transfer ownership of some of the property’s highlands to the community association and to protect the remaining highlands with deed restrictions. These actions would protect the spit from development efforts, but the developer says these obligations were contingent on development, which did not occur.

Since 2008, developers have sought state permits to build 50 homes on the land, but the complexity of running a road and utility lines to the property has resulted in years-long court battles and appeals that stopped the plans. But those hoping for the property’s conservation should not count on permitting battles and environmental lawsuits alone; the land has some value, and its owners deserve to be compensated to some degree for a conservation agreement that would preclude development. Of course, there may be a wide disagreement over the dollars involved, given the property’s proximity to the high-valued real estate of Kiawah Island as well as the folly of building on land so subject to erosion and flooding.

Town officials sent the developer a letter this month asking it to fulfill the two obligations, and it’s certainly possible this could lead to yet another legal battle. That turn would be regrettable. It would be much better for both sides to focus on a conservation deal that would settle this matter once and for all.

The U.S. Supreme Court issued a precedent-setting ruling in 1992 in a case only five islands north of Kiawah (Lucas v. South Carolina Coastal Council), saying if government restricts all potential use of a piece of private property, that is considered a “taking” — and the property owner is owed compensation. We agree with what Amy Armstrong, executive director and general counsel at the S.C. Environmental Law Project, told Ms. Cox: “As long as the developer owns the property, there’s a threat.”

The property is valuable for conservation not only because it provides habitat for wildlife but also because it adjoins Charleston County’s Kiawah Beachwalker Park, which is so popular most summer weekends that there is a waiting list for its limited parking spaces. And that’s not surprising: Beachwalker offers access to more than a mile’s worth of beach and creekfront, around which bottlenose dolphins, sea turtles and seabirds are common visitors. In short, it’s one of South Carolina’s most pristine sections of beach publicly accessible by car.

Both South Carolina and Charleston County leaders should engage on ways to strike a conservation deal here for many reasons, including the prevention of unwise attempts to harden the land for development and the preservation of wildlife habitat and high-quality public access. The time to strike that deal is now, before more dollars are wasted on legal battles or ill-considered development plans.

Click here for more opinion content from The Post and Courier.

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Opposition rises against controversial Kiawah Island Park Medical Village

CHARLESTON COUNTY, S.C. (WCIV) — A controversial development on Kiawah Island is treading water.Developers of Island Park Place Medical Village said the project will be a mixed-use facility, including medical, health and wellness, that will save people from making long trips to the doctor.Residents and town officials are working to change the proposal or stop it. Meanwhile, supporters believe it would be a one-stop shop for those not wanting to leave the area for medical care. Still, opponents continue to believe the proj...

CHARLESTON COUNTY, S.C. (WCIV) — A controversial development on Kiawah Island is treading water.

Developers of Island Park Place Medical Village said the project will be a mixed-use facility, including medical, health and wellness, that will save people from making long trips to the doctor.

Residents and town officials are working to change the proposal or stop it. Meanwhile, supporters believe it would be a one-stop shop for those not wanting to leave the area for medical care. Still, opponents continue to believe the project is too big and commercial.

"It will destroy wetlands," Louise Bennet said. "It will destroy trees."

Read more: "James Island's Dills Bluff development plan meets resistance: From woodland to townhomes?"

These are only a few of the reasons Bennett is against the project planned just across the way from her business on Betsy Kerrison Parkway.

"It also destroys what's left of Johns Island that is peaceful and rural," Bennett said.

While developers tout the project as a one-stop medical shop, some think the 160,000-square-foot building falls short of that goal. Others said the medical care isn't needed as MUSC and Trident are planning for their projects nearby.

"Only about 60,000 square feet, 40 percent or so, is intended to be devoted to medical-related uses," said Bradley Belt, a member of Kiawah's town council. "The rest is residential, other retail restaurants... There's no requirement that it is actually devoted to medical-related facilities."

Opposition rises against controversial Kiawah Island Park Medical Village (WCIV).

Read more: "Daniel Island townhome development defers second time due to grand oak tree concerns."

Bennett claims there are more viable areas to have a complex, including the central part of the island, where Trident Hospital will be.

An attempt by developers to rezone the area from low-density residential was denied by the Charleston County Planning Commission. That has developers looking to possibly scale back the project.

Meanwhile, an ad in support of the project has appeared on Facebook, seeming to suggest Charleston County Councilman Joe Boykin is in favor of the development. Boykin said he is adamantly opposed to it.

"I am aware that social media ads that utilized my image and words from a past speech were posted on Facebook in an apparent attempt to portray my support for a proposed Medical Health and Wellness Village on lower Betsy Kerrison Boulevard," Boykin said. "It is apparent to me that this was additionally an attempt to influence my constituents to ask me to 'keep my word,' as if I supported this project when the developer knew full well I was adamantly opposed to it.

"Angry constituents contacted me because they believed I supported this project only to learn just the opposite was true. I completely concur with the recommendation of the Charleston County Zoning and Planning staff, the decision of The Charleston County Planning Commission, and the opinions of the majority of the Charleston County voters who shared their views that this Planned Development should be denied."

Read more: "Could more development be coming to Johns Island after the New Year?"

Belt is holding a town hall on Thursday, Jan. 11, to discuss "key issues" impacting Johns Island and the Sea Islands community.

To the news, the development group provided the following statement to News 4.

“Our team has agreed to defer the PWC and first reading until we conduct an additional meeting with members of the community before the next scheduled PWC at Charleston County.”

The letters concerning the development can be read below.

Kiawah Island residents criticize development approval process

KIAWAH ISLAND, S.C. (WCSC) - Residents on Kiawah Island are keeping a close eye on presented plans to fix an issue they say they had to point out in the first place. The issue is not enough parking for a development currently being built called “The Cape.”The developers recently submitted a site development revision for “Cape Point parking and emergency access,” but it&...

KIAWAH ISLAND, S.C. (WCSC) - Residents on Kiawah Island are keeping a close eye on presented plans to fix an issue they say they had to point out in the first place. The issue is not enough parking for a development currently being built called “The Cape.”

The developers recently submitted a site development revision for “Cape Point parking and emergency access,” but it’s intended to address only part of the parking deficiency, as they have yet to submit revised plans for the rest of the parking issues. This follows the town and planning director telling them they must do so, only after residents discovered the original plans were approved with a significant lack of parking.

Residents fear the lack of transparency of the plans will continue.

“We’re worried as a community that the planning director will overlook once again, so the community has gotten involved, and we are watching very closely,” Kiawah property owner and land development lawyer Tim Hazel said.

The community feels like they aren’t involved enough in what gets approved and says decisions are made behind closed doors by the planning director alone, and not with the commission as a whole.

Town of Kiawah Planning Director John Taylor Jr. explained the approval process is straightforward.

“Developers will submit plans to the town, we will review those plans and issue comments and work back and forth until the developer addresses the comments and once that is addressed, we will be able to issue approval,” Taylor said.

Hazel said he’s never experienced the doors being open for developers but closed to the community.

“There’s a general sense that the mayor and council want nothing to do with discussions as to community input, the developer isn’t doing a very good job of including the community’s input on these plans so it’s very frustrating,” Hazel said.

Taylor said they have heard from the community throughout this process and have received “tons of emails.”

“The town has responded and listened in,” he said. “We’ve brought in a third-party engineer to review Beachwalker projects which I thought was a positive and a request by the planning staff to do that just to give the community comfortability in our review standards and processes.”

It was told that the town council may be considering changes to the development review process at their next meeting.

Copyright 2023 WCSC. All rights reserved.

Captain Sams Spit vulnerable again as potential legal dispute brews over who controls it

Despite more than 15 years of conservation efforts to preserve Captain Sams Spit and five rulings from the S.C. Supreme Court that confirmed the spit’s importance as both a natural and public resource, the sandy piece of land still isn’t safe from development.This time, it’s a potential loophole in a decadelong agreement between the town of Kiawah Island and the developer that brings Sams Spit once again under legal scrutiny.The 2013 Amended and Restated Development Agreement between the town of Kiawah Island ...

Despite more than 15 years of conservation efforts to preserve Captain Sams Spit and five rulings from the S.C. Supreme Court that confirmed the spit’s importance as both a natural and public resource, the sandy piece of land still isn’t safe from development.

This time, it’s a potential loophole in a decadelong agreement between the town of Kiawah Island and the developer that brings Sams Spit once again under legal scrutiny.

The 2013 Amended and Restated Development Agreement between the town of Kiawah Island and developer Kiawah Resort Associates expired on Dec. 4, 2023. According to the town, the developer did not fulfill two obligations outlined in the contract. The developer disagrees.

The town, Kiawah Island Community Association, the Coastal Conservation League and the S.C. Environmental Law Project say the agreement requires the developer to:

These actions would protect the spit from development efforts.

Kiawah Resort Associates maintains that all requirements have been met and that these two obligations were contingent on development, which did not occur.

“When all the terms of this section are considered together ... the conclusion is inescapable that the entire provision contemplated that the development was to occur before the limited transfer to (the community association), yet that development was made impossible by the courts,” developer representative Jordan Phillips wrote in a letter to the community association.

The town of Kiawah Island issued a demand letter to the developer on Jan. 8, requesting the two obligations in question be fulfilled and reminding the developer that the town can prevent the sale of the spit to a third party. Town officials asked for a response from the developer by Jan. 15. None had been provided by press time, according to Erin Pomrenke, spokesperson for the town of Kiawah Island.

Amy Armstrong, executive director and general counsel at the S.C. Environmental Law Project, has been involved in cases involving Captain Sams Spit since 2008, representing the Conservation League. She said that while the developer isn’t legally required to respond to the demand letter, it would be in their best interest to do so.

“The developer needs to respond because the town is basically threatening a lawsuit against the developer for breach of (the) development agreement,” she said.

Representatives from the town and community association declined to comment at this time. The developer did not respond to requests for comment.

Rising Waters

Conservation v. money

It’s not unusual for conservation efforts like preserving Captain Sams Spit to take decades, Armstrong said. And the reason isn’t a mystery.

“It’s about money,” she said.

Captain Sams Spit is a teardrop-shaped piece of land on the southern tip of Kiawah Island located between the Kiawah River and Atlantic Ocean. It’s one of only three undeveloped, publicly accessible barrier island beaches in the state, and one of the last wild places on the South Carolina coast.

And it’s valuable.

“When there’s a development project like Captain Sams Spit, it would be worth hundreds of millions of dollars to developers,” Armstrong said. “They’re not going to go away easily when they’ve got so much hanging out on the line.”

Armstrong added there’s a lot on the line for the public, too.

“Once it’s gone, it’s gone forever,” she said.

Coastal Conservation League program director Riley Egger emphasized the point.

“Captain Sams Spit is extremely valuable for the people of South Carolina and conservation,” Egger said. “We need to see it permanently protected and permanently conserved.”

From 2008 to 2022, developers attempted to secure permits needed to build 50 luxury homes on Captain Sams Spit and infrastructure such as roads, utility lines and walls to protect the area from flooding and erosion — the spit is constantly transformed by wind and tides and is vulnerable to storms.

Here’s your guide to what Kiawah and Seabrook islands have to offer

Just 25 miles from downtown Charleston, Kiawah and Seabrook islands are the destinations for anyone looking to escape the bustle of the city.These islands offer so much more than beautiful beaches. They have sports, spas, top restaurants and amazing shopping.We’ve compiled a guide for tourists and locals drawn to the islands’ natural beauty. Whether you like fine dining or a relaxed day on the golf course or the beach, we have a guide for you.ExploreThe two barrier islands each offer world-class golf...

Just 25 miles from downtown Charleston, Kiawah and Seabrook islands are the destinations for anyone looking to escape the bustle of the city.

These islands offer so much more than beautiful beaches. They have sports, spas, top restaurants and amazing shopping.

We’ve compiled a guide for tourists and locals drawn to the islands’ natural beauty. Whether you like fine dining or a relaxed day on the golf course or the beach, we have a guide for you.

Explore

The two barrier islands each offer world-class golf courses that have been featured in major sporting events. Anyone looking to live out their professional golf fantasy can find a home at Kiawah Island Golf Resort’s Ocean Course. The resort has twice hosted the PGA Golf Championship, in 2012 and in 2021.

The resort renovated all of its courses in preparation for the 2021 tournament which brought thousands of fans to the island.

Those looking for a golf membership should also consider the Seabrook Island Club. The club’s two courses, Ocean Winds and Crooked Oaks, are open to members, group outings and events.

The two islands aren’t just for golfers; they also feature world-class beaches. Kiawah alone has 10 miles of beaches. The Charleston County Parks and Recreation Commission operates Beachwalker County Park, the only beach on the island open to the public.

Seabrook’s Pelican and North beaches also offer views of the sunset and sunrise, although they are not open to the public. The rest of Kiawah’s beaches are privately owned, so those looking for a longer stay should consider all-access options.

The islands are also a great place to explore Lowcountry wildlife. Those looking to get up close to dolphins should visit the northernmost tip of North Beach during low tide at Seabrook or Captain Sam’s Inlet on Kiawah. Bottlenose dolphins are known to strand-feed there — a technique the dolphins used to trap fish and drive them onto sandbars and shorelines.

Martin Luther King Jr. once said “Injustice anywhere is a threat to justice everywhere.” Inspired by his life’s work and to celebrate his legacy, this week’s topic is justice.

The winner is Robert Peterson with the photo of the Martin Luther King Jr. statue in Washington, D.C. The honorable mentions are Ken Schaub with a snapshot of the former federal prison known as Alcatraz in San Francisco Bay, and Randy Cochran with an image of a quote at the Lyndon Baines Johnson Presidential Library at the University of Texas.

Next week’s topic is cold, as we deal with our first serious cold snap of the winter.

The rules: Send your best photo to yourphotos@postandcourier.com by noon Thursday. Include your name, town and where the photo was taken. Add your name and the topic to the file. If you want your photo to be eligible to run in the newspaper, it must be at least 1,500 pixels, not have a commercial watermark and not have been published in another publication.

On Fridays, we first announce the editors’ pick of the week at postandcourier.com/yourphotos and declare a topic for the next week. On Saturdays, we publish an online gallery.

On Sunday, the photo pick of the week will appear in this section, Life.

All photos submitted will be considered for publication in The Post and Courier’s yearly magazine, My Charleston. Some images may be selected for other editorial or noncommercial use.

We reserve the right to not publish any photo for any reason.

Disclaimer:

This website publishes news articles that contain copyrighted material whose use has not been specifically authorized by the copyright owner. The non-commercial use of these news articles for the purposes of local news reporting constitutes "Fair Use" of the copyrighted materials as provided for in Section 107 of the US Copyright Law.