South Carolina Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner

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The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.

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  • Preview Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
  • Preview Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner

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FAQ

Mistakes can happen in any business, and the construction industry is no exception. In fact, there can be many more mistakes within this industry than any others, simply because there are more intricate details included with each individual project.

STATUTE OF LIMITATION, STATUTES OF REPOSE, AND FRAUDULENT CONCEALMENT: The Tennessee statute of limitation which is applicable to construction defect cases and home improvement defect cases is three years. When the three year period begins to run, or ?to accrue,? depends on the unique facts of each case.

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.

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.

Maybe all you need is an apology and goodwill. If the builder simply takes responsibility and promises that everything else from this point on is built per print, that might be enough for you. That goodwill goes a long way, especially with a very personal, long-term project like a custom home.

In South Carolina, the general rule is that you have 8 years from the last date on which work was performed on your home. After 8 years, the law (the ?statute of repose?) limits the claims an owner can bring.

Any condition in your property which makes it unsuitable for living as intended can be considered a defect. Construction and building defects can include faulty design, negligent construction, or poorly planned landscaping.

Depending on the contract type and terms, the design responsibility and liability can be shared by the owner, the designer, the contractor, or the subcontractors. For example, if the owner provides the design, they may be liable for errors and omissions.

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South Carolina Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner