Construction Defect Lawyer in Charleston, SC

Get Uniquely Qualified Counsel in Your Corner

At Sanders Law Firm, LLC, we represent commercial and residential property owners and contractors in all phases of construction disputes in both state and federal courts. With an engineering degree from Clemson University (1989) and a law degree from the University of South Carolina (1992), Thomas O. ("T.O.") Sanders, IV is one of the few attorneys in Charleston uniquely qualified to handle these matters and can ensure that your construction defect matter is handled with knowledge and vigilance it deserves.

Call our proven Charleston construction defect attorney at (843) 573-8828 today. We're ready to help you explore your options.

South Carolina Construction Defect Law

In South Carolina laws, builders are provided with an automatic right to cure to fix construction defects discovered by owners. The "right to cure" gives contractors an opportunity to fix any of the construction errors within a window of time before the property owner can file a suit. S.C. Code Ann. §40-59-840 homeowners have three years from the date they know or should have known of a problem to file suit before losing their right. Also, an eight-year statute of repose applies.

What to Prove in a Construction Defect Lawsuit in South Carolina

In South Carolina, to prove a claim of negligence against a builder, you will need to establish the following elements:

• Duty of care: The builder owed a duty of care to the plaintiff. This duty of care arises from the builder's contractual relationship with the plaintiff or from the builder's general duty to perform their work in a reasonable and professional manner.
• Breach of duty: The builder breached their duty of care by failing to act with reasonable care and skill in constructing the building or making repairs. This may involve showing that the builder failed to comply with applicable building codes, deviated from industry standards, or failed to follow the plans and specifications.
• Causation: The builder's breach of duty was the direct and proximate cause of the plaintiff's injuries or damages. This requires demonstrating a causal link between the builder's actions or omissions and the harm suffered by the plaintiff.
• Damages: The plaintiff suffered actual damages as a result of the builder's negligence. This may include physical injuries, property damage, economic losses, and non-economic losses such as pain and suffering.

To prove these elements, you will need to present evidence such as building plans, inspection reports, expert testimony, medical records, and financial records. It is important to note that South Carolina applies the doctrine of comparative negligence, which means that the plaintiff's own negligence or fault may reduce the damages they can recover.

Working with an experienced attorney who specializes in construction defect litigation and negligence claims in South Carolina can be helpful in building a strong case and achieving a favorable outcome. Our legal team can help you gather evidence, navigate the legal process, and advocate for your rights and interests.

Construction Defect Disputes in Charleston, SC We Handle

• Apartment-to-Condo Conversions: Faulty workmanship and defective construction are common. Every homeowner and every unit in the entire development may be affected. In addition to defective construction, developer-related issues may include inadequate reserves at turnover, negligent misrepresentation, and fraud.
• Construction defects: Water intrusion, mold, electrical problems and heating and air problems are all signs of faulty workmanship and defective construction. We represent homeowners, commercial property owners and condominium associations in actions against developers, design professionals, suppliers, contractors and subcontractors of all trades.
• Contract disputes: We work to resolve these matters using diplomacy, mediation and arbitration to keep your project moving forward. When necessary, our litigation expertise is applied to obtain the best results in court.
• Mechanic's Liens: One who has worked on a property has 90 days from the last date worked to file and serve a lien to collect money owed. Otherwise, this right is lost. The prevailing party may be entitled to recoup attorney's fees and costs. We represent contractors, subcontractors, material suppliers, and homeowners.
• Miller Act Claims: One who has not been paid for materials and/or labor supplied to a federal government project has remedies under the Miller Act.
• Professional malpractice: For and against architects, engineers, and real estate agents.
• Water intrusion & wood rot: Moisture penetration in a building structure without dissipation results in rotting wood and damaged materials as well as mold. Incorrect construction may lead to moisture intrusion in wood, vinyl or wood siding, brick, stone, or stucco.

Other construction defect claims we handle include:

• Foundation issues
• Roof leaks
• Installation failure
• Balcony/deck failure