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.  He can ensure that your construction defect matter is handled with the knowledge and vigilance it deserves. 

 Stop worrying. Call our proven Charleston construction defect attorney at (843) 573-8828 today.

South Carolina Construction Defect Law

In South Carolina, builders have the right to cure a construction defect. This "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. A Notice of Claim must first be served on the contractor per S.C. Code Ann. §40-59-840. Homeowners have three years from the date they knew, or should have known, of a problem to file suit before losing their right. This must be done within an eight-year statute of repose.

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 homeowner. This duty of care arises from the builder's contractual relationship with the homeowner or from the builder's general duty to perform its work in a reasonable and workmanlike manner.
• Breach of duty: The builder breached its duty of care by failing to act with reasonable care and skill in constructing the building or in 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. An expert witness is helpful in establishing breach of duty.
• Causation: The builder's breach of duty was the direct and proximate cause of the homeowner’s damages. This requires demonstrating a causal link between the builder's acts or omissions and the damages suffered by the homeowner.
• Damages: The homeowner suffered actual damages as a result of the builder's negligence. This includes property damage. It may include physical injuries and economic losses.

Proving your claim requires expert testimony, inspection reports, building plans and financial records. 

Attorney T.O. Sanders is an experienced attorney who specializes in construction defect litigation and negligence claims in South Carolina.  We can help you build a strong case to achieve a favorable outcome. We can help you gather evidence, navigate the legal process and advocate for your rights and interests.

We Handle Construction Defect Disputes in Charleston, SC

• 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: A Contractor 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. On these claims, we represent contractors, subcontractors, material suppliers, and homeowners (defending).
• Miller Act Claims: Provides a remedy to a contractor who has not been paid for materials and/or labor supplied to a federal government project.
• Little Miller Act Claims: Provides a remedy to a contractor who has not been paid for materials and/or labor supplied to a state government project.
• Professional malpractice: For and against architects, engineers, and real estate agents.
• Water intrusion & wood rot: Water penetration into a building usually results in rotting wood, damaged materials and mold. Negligent construction may allow water intrusion into wood, brick, stone, or stucco siding.

Other construction defect claims we handle include:

• Roof leaks
• Foundation issues
• Balcony/deck failure