Important Things to Know About Construction Defects in South Carolina
If you have built a new home in Charleston, or anywhere in the state, it is understandable to be very meticulous about your home. You expect to get exactly what you asked for, and what you may have already paid for. However, building a new home or another type of building is rarely as straightforward as a blueprint may make it seem. There are always surprises and problems that may be overlooked during the construction project, which can result in a construction defect.
If you have found a construction defect on your new property, it is natural to be angry. You may even think about suing the construction company for a significant amount of damages. Before you do, there are some things you should know. Below, our Charleston construction defects lawyer explains what these are.
Providing Notice to the Construction Company
The ‘right to cure’ means that construction companies and contractors must be given the opportunity to correct any construction defects after the property owner notifies them of the error. The right to cure is outlined in The South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act.
The Act states that homeowners must provide construction companies with written notice of any construction defect the homeowner asserts exists in the contractor’s work.Contractors and construction companies are then given 30 days to offer to correct the construction defect, or offer the homeowner a financial settlement. Importantly, the statute does not require a homeowner to accept an unsatisfactory offer to cure or settlement offer.
Builders and construction companies may also conduct an inspection of the property using their own contractors or employees within 30 days of receiving notice. They can inspect the defect and determine the extent of it, as well as its source. If the construction company does not respond within 30 days, or if they deny responsibility for the defect, or if the cure or settlement offered is not acceptable, the homeowner can file a lawsuit for damages.
The Time Limit for Construction Defect Lawsuits
Lawsuits involving construction defects are governed by a statute of limitations and a statute of repose. Under South Carolina’s statute of repose, you may not file suit for construction defect more than eight years after the work was completed except under very limited circumstances, including gross negligence. The statute of repose applies whether the homeowner knew about the defect or not within the eight year period following completion. The statute of limitations requires the homeowner to bring suit within three years of when you discovered that you had a claim (discovery rule). This rule is subject to tolling and other equitable considerations, which may extend the time period, but the time period will still be subject to the limitations of the statute of repose.
Our Construction Defects Lawyer in Charleston Can Provide Sound Legal Advice
Finding a construction defect in your home is very frustrating, and you may want to take action right away. Taking the right actions, though, is critical. At Fuller Law Firm, our Charleston construction defects lawyer can advise you on what those are and help you navigate the process. Our attorney can help ensure the mistake is corrected as quickly as possible, or that you obtain the full and fair compensation you are entitled to. Call us now at 843-277-0013 to request a consultation with our experienced attorney and to learn more.
Sources:
scstatehouse.gov/sess116_2005-2006/bills/221.htm
scstatehouse.gov/code/t40c059.php
