Builders FirstSource-Southeast Group, LLC v. Palmetto Trim and Renovation
Court of Appeals of South Carolina | 2025
What This Case Means for Subcontractors
Builders FirstSource tried to force subcontractors to cover the company's own negligence through broad indemnity clauses in their subcontracts. South Carolina's Court of Appeals ruled these clauses violate state public policy and cannot be enforced. This means subcontractors cannot be forced to pay for damages caused by a contractor's own carelessness, even if the contract says they must.
Key Takeaways
- •Do not sign indemnity clauses that require you to cover the contractor's own negligence—South Carolina courts will not enforce them
- •Review all indemnification language in your subcontracts and push back on overly broad provisions that go beyond your control
- •If you've already signed a broad indemnity agreement in South Carolina, you may have grounds to challenge it in court
indemnity provisions of BFS's subcontracts violate South Carolina law and public policy
Frequently Asked Question
Can a contractor force me to pay for their own mistakes in my South Carolina subcontract?
No. South Carolina courts have ruled that indemnity clauses requiring subcontractors to cover a contractor's own negligence violate public policy and are unenforceable. Even if your contract includes such language, you cannot be forced to pay for damages caused by the contractor's own carelessness.
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