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Defective Construction

Defective construction occurs when a building, home, or other structure is not built in accordance with industry standards, building codes, or contractual requirements. These defects can range from minor issues to serious structural failures that threaten safety, usability, and property value.  We represent homeowners, designers, developers, contractors, subcontractors and suppliers in both pursuing and defending defective construction claims.

 

Construction defects may arise from:

  • Design Defects – Problems with architectural or engineering plans.

  • Workmanship Defects – Poor-quality work, shortcuts, or failure to follow specifications.

  • Material Defects – Use of faulty, substandard, or inappropriate building materials.

  • System Failures – Issues with plumbing, electrical, HVAC, or roofing.

  • Water Intrusion & Mold – Leaks, drainage failures, and improper waterproofing leading to damage.

 

Defects may be obvious right away or appear years later, creating disputes between property owners, builders, contractors, subcontractors, suppliers, and insurers.

 

Defective Construction Litigation in South Carolina

South Carolina law provides avenues for property owners and contractors to pursue or defend claims related to defective construction.  These cases often involve complex legal and technical issues, including:

  1. Identifying the Defects – Expert inspections and reports are typically needed to establish what went wrong and why.

  2. Determining Liability – Responsibility may fall on a general contractor, subcontractors, architects, engineers, or material suppliers.

  3. Insurance Coverage – Many claims involve disputes with insurers regarding whether a Commercial General Liability (CGL) policy covers the defect.

  4. Litigation or Settlement – Claims may be resolved through negotiation, mediation, arbitration, or courtroom litigation.

South Carolina has strict statutes of limitation and repose governing when construction defect claims must be filed, which makes timely legal action critical.

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