South Carolina Complaint for Defective Home Construction, Defective Design

State:
Multi-State
Control #:
US-CMP-10002
Format:
Word; 
Rich Text
Instant download

Description

This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
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  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design
  • Preview Complaint for Defective Home Construction, Defective Design

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FAQ

For a problem to be considered a construction defect, it must cause either actual physical damage or loss of value to the property. Construction defects can present themselves in many forms including water infiltration, inadequate drainage systems, cracking walls and foundations, termite infestations, and more.

Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.

Common types of Building Defects Non-structural cracks. Hair-line cracks. ... Spalling of concrete. Stains of water or rust are found on the surface or there is seepage of water. ... Structural cracks. Cracks that penetrate the surface rendering into the structural concrete or load-bearing brick wall. ... Defective external wall finishes.

Common Construction Defects Some of the most common and high-cost construction defects include: Structural integrity ?? concrete, masonry & division, carpentry, unstable foundations. Mechanical problems. Electrical issues.

In South Carolina, the general rule is that you have 8 years from the last date on which work was performed on your home. After 8 years, the law (the ?statute of repose?) limits the claims an owner can bring.

There are generally four categories of construction defects: construction deficiencies, design deficiencies, material deficiencies, and subsurface deficiencies.

A construction defect happened whenever a completed or partially finished structure fails to perform as required by accepted building standards or applicable construction contracts. ... Construction defects can be categorized into two major categories: obvious and hidden. ... Commonly, however, construction defects are hidden.

Code Ann. §40-59-810-860, homeowners have 90 days to notify the construction company in writing of any defects found on their property that appear to have originated during construction or work. The construction company then has 30 days to offer a financial settlement or to repair the defect themselves, free-of-cost.

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South Carolina Complaint for Defective Home Construction, Defective Design