A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In South Carolina, a construction defect is recognized as a deficiency in the design, specifications, surveying, planning, supervision, or construction of a building. This deficiency arises when the construction does not meet the reasonable workmanship standards expected in the industry or fails to align with the owner's reasonable expectations. The South Carolina Code of Laws, particularly Title 40, Chapter 11, outlines regulations for contractors and the construction industry, which includes adherence to building codes and standards. Additionally, the South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act provides a pre-litigation process that requires homeowners to notify builders of alleged construction defects before filing a lawsuit, giving the builders an opportunity to inspect and offer to repair the defects or settle the claim. If a construction defect leads to a legal dispute, the statute of limitations and the statute of repose are critical. These statutes limit the time within which a lawsuit can be filed, typically starting from the time the defect was discovered or should have been discovered.