Construction Defects

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Do you believe your new home has construction defects?

Should I report the defect to the contractor?

Under South Carolina law, at least 90 days prior to filing a lawsuit, the homeowner must serve written notice on the contractor that contains the following: (1) a statement that the homeowner asserts a construction defect; (2) a description of the claim(s) in reasonable detail to determine the general nature of the defect; and (3) a description of the results of the defect, if known.

What should I expect after I notify the contractor of the defect?

Under South Carolina law, the contractor has thirty (30) days from service of the written notice to: (1) inspect the defect; (2) offer a remedy to cure the defect; (3) offer to settle with the homeowner; or (4) to deny the claim regarding the defect.

Under the South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act, a construction defect means a deficiency in the design, specifications, surveying, planning, supervisions, or observation of construction, or construction of residential improvements that results from any of the following: (1) defective material, products, or components used; (2) violation of the applicable codes in effect at the time of construction; (3) failure of the design to meet applicable standards of care at the time of governmental approval of the design; or (4) failure to construct with accepted trade standards and workmanlike construction.

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