SC STATECourt of Appeals of South Carolina
2025

Builders FirstSource-Southeast Group, LLC v. Palmetto Trim and Renovation

Court of Appeals of South Carolina • Decided 2025Affirmed

HOLDING

Builders FirstSource tried to make subcontractors sign contracts requiring them to cover BFS's own mistakes and negligence. The South Carolina Court of Appeals ruled these broad indemnification clauses are illegal and unenforceable. This protects subcontractors from being forced to pay for damages caused by the general contractor's own wrongdoing, which violates South Carolina public policy.

KEY FINDINGS

Broad Indemnification

Do not sign indemnification clauses that require you to cover the general contractor's own negligence or mistakes—South Carolina courts will not enforce them

Flow-Down

Review all indemnity language in your subcontracts carefully; if it's too broad and includes the contractor's own negligence, push back or refuse to sign

FULL COURT OPINION