Charleston Construction Defect Attorney
When consumers buy a home or commercial building they expect the design to be safe and free of hazards. It is a contractor’s responsibility to ensure safety in construction, but unfortunately, contracting errors are common and occur on a regular basis. Always be sure to understand the contracts signed during the construction phase, and that you receive a building free of defects.
In South Carolina, residential contractors have the right to fix problems before litigation can ensue. Consumers must provide contractors with a written notice of claim allowing them 30 days in which to fix the problem or pay for it. If the contractor denies the claim or does not respond within the allotted 30-day period you can file a lawsuit.
If you or a loved one was injured due to a construction defect, speak to one of the Charleston construction defect lawyers at the Max Sparwasser Law Firm, LLC today. Our injury lawyers in Charleston will help protect your rights.
What You Can Claim Against Charleston Builders
Breach of Contract
During the construction phase of your home or commercial building you sat down with your builder and signed a stack of forms agreeing on the final outcome of construction. You expect that your building will be built to the specifications outlined in the contract. When the building is completed, and you find that there is a deviance from the agreed upon contract, it can be considered a breach of contract and a failure on the part of the contractor to deliver a suitable product.
For example, if during the contract signing a consumer requested a walk-in master closet then the finished home should include the closet. If the closet is missing then there is a breach of contract.
Determining whether you are dealing with a breach of contract seems cut and dry, although sometimes it is not. The contract process with contractors can often be lengthy and confusing, which is why you should contact an experienced Charleston construction defect lawyer. A skilled professional experienced in reading construction contracts can help decide whether the contractor broke the contract.
Claims of Negligence in South Carolina
A builder is negligent when they fail to provide a safe and properly built structure. The result may be a dangerous or unstable building that can cause injury or death to those inside.
The consumer must prove four elements to establish a case for negligence:
- A duty to provide a safe environment was established by law.
- The builder failed to meet that minimum standard.
- There has been a link between the failure to meet the standard and a construction defect.
- The defect then caused economic or physical injury.
South Carolina state law requires that contractors provide consumers with skilled, safe, and professional workmanship. These requirements are state law and are not required to be part of the written contract. Consumers have a right to expect high-quality and safe buildings at completion.
Statute of Limitations
South Carolina regulations require that suits filed against contractors for breach of contract or negligence be filed within three years of completion of construction or discovery of the defect. For example, if a building’s roof begins to leak at the four-year point due to a lapse in construction workmanship, the consumer may still have a claim. There are exceptions to these rules so it’s important to contact a Charleston construction defect attorney as soon as possible.
Find the Right Charleston Construction Defect Attorney
A construction defect attorney familiar with construction law and building development can help to determine what steps need to be taken in order to guarantee your rights are being upheld. No consumer should have to deal with substandard or dangerous craftsmanship. If you feel that your contract obligations were not met, or the construction of your building is not up to standards, contact the accomplished Charleston construction defect lawyers at the Max Sparwasser Law Firm, LLC, for a free evaluation of your case.