Product Defect Construction Defect Litigation in South Carolina
Q&A with Stephen Bell
For many people, the largest investment they will make is in their homes. If your home suffers damage as a result of negligent design, construction, manufacturing, or repair, it is important that you act quickly and diligently to protect your investment and repair your home.
Construction defect laws differ from state to state, so it’s important to familiarize yourself with how it’s treated in your state. Here we will speak to South Carolina law.
Q: Who is liable for defective construction?
A: Depending on the specific damage to your home, you may have claims against a number of parties, including architects, engineers, contractors, subcontractors, materials suppliers, developers, or insurance companies. An experienced construction defect litigator will help you determine which parties are responsible for the damage to your home and the most effective way to secure compensation from those parties in order to fix any defects.
Q: How long do I have to file a claim for a construction defect?
A: A claim for defective design, construction, manufacturing, or repair must be brought within the applicable statute of limitations. South Carolina follows the discovery rule, which means that the statute of limitations begins to run when you knew, or should have known, of a defect. Depending on the circumstances of your case, the statute of limitations may be as short as three years or as long as 13 years.
Q: What if I am not the original owner of my home?
A: Some states limit construction defect claims to the original purchaser or builder of a home, but that is not the case in South Carolina. Any current homeowner may bring construction defect claims as long as the claims are brought within the proper time period.
Q: I live in a condominium or townhouse — who should bring my claim?
A: You are not barred from bringing a construction defect claim simply because you live in a condominium, townhouse, or community with a homeowners’ association. In some cases — especially where a defect has caused widespread damage affecting many owners within a condominium or townhouse complex — the claim may need to be brought in the name of the homeowners’ association or governing community body instead of (or in addition to) your individual name. Your attorney will work with you to make sure any claim is brought in a manner that will maximize your potential recovery and provide for adequate repairs to your home.
Q: Can Duffy & Young help me?
A: Absolutely. The attorneys at Duffy & Young are experienced in all aspects of construction defect litigation and have represented homeowners and homeowners’ associations as well as contractors, subcontractors, developers, materials suppliers, and insurance companies. If your home has suffered damage you believe is the result of negligent design, construction, manufacturing, or repair, we’re happy to meet with you and review your case.
Read more about our construction law practice area.