South Carolina Contractors Notice of Project Commencement
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How to fill out South Carolina Contractors Notice Of Project Commencement?
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FAQ
Under The South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act, S.C. Code Ann. §40-59-810-860, homeowners have 90 days to notify the construction company in writing of any defects found on their property that appear to have originated during construction or work.
What is the Right to Cure Act? The Right to Cure Act is a product of the South Carolina Legislature, which decided that some construction lawsuits might be avoided if the homeowner was first required to give the contractor notice of the alleged defect and to give that contractor the right to fix, or ?cure? the problem.
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.
What is the Right to Cure Act? The Right to Cure Act is a product of the South Carolina Legislature, which decided that some construction lawsuits might be avoided if the homeowner was first required to give the contractor notice of the alleged defect and to give that contractor the right to fix, or ?cure? the problem.
In South Carolina, a claim of lien must be filed no later than 90 days after the last day on which the claimant furnished labor or materials to the project.
In construction defect claims, South Carolina law sets the statute of limitations at three years. South Carolina courts have determined that the three year clock begins to run at the time the claimant knows that a claim exists, even if the claimant does not need to know the exact claim or potential defendants.
Code § 40-59-840 and provides the procedure in which a claim should be made: In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor.
South Carolina Notices of Furnishing are specifically designed to protect those parties that are far down the payment chain. The simple act of sending this notice can help ensure you get paid what you've earned.