Buying a new home usually comes with an implied promise: if something goes wrong with the construction, the builder will make it right. But builder warranty claims are often more complicated than that. Warranty terms vary, deadlines are strict, and South Carolina law requires notice before a lawsuit can move forward. The Camden construction defect attorneys at Savage, Royall & Sheheen, LLP, help homeowners understand their options when a new or recently built home doesn’t hold up.
1. What Counts as a Construction Defect Under South Carolina Law
South Carolina’s right-to-cure statute, S.C. Code Ann. § 40-59-820, defines a construction defect as a deficiency in the design, planning, supervision, or construction of residential improvements that results from defective materials, building code violations, design that fails professional standards, or failure to build to accepted trade standards for good and workmanlike construction. Ordinary wear isn’t a defect, but water intrusion, foundation movement, and framing or roofing problems often are.
2. Builder Warranties vs. the Implied Warranty of Habitability in South Carolina
A builder warranty is an express promise, often written, that the builder or a third-party warranty company will address certain problems for a set period. A home warranty is different: it’s typically a service contract covering repair or replacement of appliances and systems as they wear out. In a builder warranty vs. home warranty comparison, only the builder warranty is aimed at construction defects.
When reviewing a new home builder warranty, look at what is covered and excluded, how long each category lasts, how claims must be submitted, whether it transfers to later owners, whether disputes go to arbitration, and whether it tries to replace the implied warranties.
South Carolina also recognizes implied warranties that exist without a written promise. The Supreme Court has explained that the warranty of habitability attaches through the initial sale of a new home, not a used one (Arvai v. Shaw), and that a later buyer may ordinarily sue the builder on the warranty of workmanlike service despite lacking a direct contract (Kennedy v. Columbia Lumber & Manufacturing Co.). Builders sometimes try to disclaim implied warranties, and South Carolina courts have required such a disclaimer to be conspicuous, known to the buyer, and specifically bargained for.
3. South Carolina’s 90-Day Right-to-Cure Notice Requirement
Before filing suit over a dwelling defect, a homeowner, including a subsequent purchaser, must serve written notice on the contractor at least ninety days before filing under § 40-59-840. The notice must state that a defect is claimed, describe its general nature, and describe any known results.
The contractor then has thirty days to inspect, offer to remedy, offer to settle, or deny the claim, and silence is treated as a denial (§ 40-59-850). The homeowner must answer any offer within ten days and allow reasonable access for inspection and repair. A suit filed too early can be stayed until the requirements are met (§ 40-59-830). As written, the statute doesn’t say it pauses the limitations or repose deadlines, so homeowners shouldn’t assume it does.
4. What Happens If the Builder Won’t Fix the Problem
If the contractor denies the claim, stalls, or makes repairs that don’t solve the problem, a homeowner may pursue other remedies, including claims for breach of contract, breach of warranty, and negligence. Repair or settlement offers made during the notice process aren’t admissible in court. Keep copies of the notice, mailing receipts, photos, estimates, and correspondence, and check your purchase contract for mediation or arbitration clauses.
5. Who Can Be Held Liable: Builder, Developer, or Subcontractors in South Carolina
Responsibility often reaches beyond the company that signed your contract. Depending on the facts, liability may extend to the builder, the developer, subcontractors, design professionals such as engineers and architects, and suppliers of defective materials. The repose statute itself refers to those who develop real property, furnish materials, or design, plan, supervise, or construct improvements. Identifying every responsible party early matters, especially if one has dissolved.
6. When to Bring in a Construction Defect Attorney
Consider reaching out before you send the 90-day notice, not after. A carefully prepared notice, an expert evaluation, and an organized record can shape everything that follows. It’s especially wise to call if repairs have failed, the builder disputes the problem, damage is spreading, or you’re approaching the three-year or eight-year marks.
Construction defect claims often involve several parties, technical evidence, and competing insurers, and they reward careful preparation. Savage, Royall & Sheheen, LLP, brings the resources and experience of a firm that has served South Carolina families and businesses since 1926. Homeowners in Lancaster, Kershaw, and Chester counties, and across the state, can request a consultation in our office in the 29020 zip code. Contact us today!