A residential property owner may sue a contractor for substandard work in South Carolina. First, however, the owner must give the contractor the opportunity to fix any defect the owner claims to have discovered. In South Carolina, this is known as the “right to cure.”
The right to cure applies to both contractors and subcontractors involved in residential construction projects. The right to cure requires that, not later than 90 days before suing a contractor for poor workmanship, the owner must give the contractor written notice of their claim of a defect in work the contractor has performed.
The notice is required by law to state the following:
- The owner asserts a construction defect;
- A description of the claim in reasonable in enough detail to allow the contractor to understand the general nature of the defect;
- A description of the adverse consequences of the defect, if any are known.
Within 15 days of receiving the claim, the contractor may ask for clarification. Within 30 days of receiving the notice of a claim, they may do any of the following:
- Offer to remedy the defect;
- Offer to settle with the person who has made the claim;
- Deny the claim regarding the defects.
The contractor should give written notice of their choice of response to the person who has made the claim. The person making the claim must allow the contractor to inspect the construction defect at a time that is mutually agreeable to them if the contractor asks to do an inspection. The person making the claim then must give the contractor access to the residence for inspection. If the contractor offers to make repairs and the person making the claim agrees to that, the person must give the contractor access to make the repairs.
If a contractor does not respond within 30 days to a claim, it will be assumed that the claim has been denied. If the contractor does make an offer, the person making the claim must respond within 10 days of receiving the offer. If the person making the claim and the contractor do not resolve their dispute, the person making the claim may file a lawsuit against the contractor. A local attorney in South Carolina would be able to provide more information.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
If an owner has not resolved their claim of a defect in construction through the right-to-cure process, they may then file a lawsuit against the contractor.
Among the claims they might make are the following:
- Breach of Contract: This would be a standard claim that the contractor and the owner had a contract that the contractor breached by providing poor workmanship;
- Negligence: A claim for negligence on the part of the contractor in causing construction defects may be made. Seeking damages in tort for negligence is most likely in cases in which the construction defect has directly caused personal injury or wrongful death, property damage, or to recover damages for both economic losses and noneconomic losses such as emotional distress, pain and suffering and the like;
- Breach of Express Warranty: Claims for breach of warranty are common in cases of poor workmanship in construction. If the contract between the contractor and the owner contains an express warranty, a person might sue for breach of express warrant;
- Breach of Implied Warranty: South Carolina law implies a warranty in construction contracts. It provides that the builder of a residential dwelling impliedly warrants that the work they perform is done in a careful, diligent, and workmanlike manner. This implied warranty of workmanlike service is contained in the original contract for the construction of a residence. The contractor is a party to this contract. However, subsequent owners of the property may sue a professional builder for breach of the implied warranty of workmanlike service even though they were not parties to the original contract;
- Misrepresentation and Fraud: A person may claim that a contractor engaged in fraudulent misrepresentation. This would require proving that the contractor made certain representations about their performance with knowledge that they were false or with reckless disregard for the falsity of the statements.
South Carolina does not recognize strict product liability in the case of building contractors, even if they supply the materials for a construction project.
Can I Sue a Contractor Without a Contract?
If a person hires a contractor to perform construction work for the person, the person has made a contract with the contractor. The contract may not be in writing, but a contract may be perfectly valid even if it is not in writing.
Contracts may be oral. Contracts do not even have to be expressed in words, orally, or in writing. They may be implied by circumstances or by the law, although that is unlikely in the situation in which a person hires a contractor.
Some states have extensive requirements for contracts regarding residential construction projects. South Carolines does not require that construction project contracts be in writing or that certain provisions be included in these contracts.
If a person hires a contractor to perform any kind of construction work on their real property, they should have a written contract. If there is a legal dispute, it is much easier to prove the existence of a contract and what it provides if it is in writing.
A good contract should describe the scope of the project, the beginning and ending dates, the amount that is to be paid and how it should be paid, whether payments are tied to performance stages, and the like. A local attorney in South Carolina could even draft a contract for a person.
How Do I Sue for Breach of Contract?
A person can sue for up to $7,500 in damages in a South Carolina magistrate’s court. If a person seeks more than $7,500 in damages, a person would file their complaint in a South Carolina circuit court.
To start a lawsuit, a person would have to draft a complaint alleging their claims, the nature of the damage they have suffered and how much they want to recover. They file this in the appropriate court and then serve a copy on the contractor. The contractor usually has 30 days to file their answer.
A person would also want to prepare to prove their claim by collecting together all possible evidence, e.g., a copy of their written contract, if they had one, all records of communications such as emails and text messages, invoices, receipts, and the like. They might have to consult a construction expert to determine in exactly what way the contractor’s work was deficient and what the consequences of the deficiency are.
If a person’s losses are significant, they may want to hire an attorney to represent them in their lawsuit. Their attorney would then handle the process on their behalf.
How Much Does It Cost to Sue a Contractor?
It is not possible to state a precise amount that it would cost to sue a contractor. How much it might cost to sue a contractor is going to depend on a number of things. If a person files their complaint in a South Carolina magistrate’s court, they would not have to be represented by an attorney. This would reduce their cost of suing a contractor significantly.
If a person sues the contractor in a District or Superior Court and has an attorney to represent them, the cost would depend on how much the attorney charges and how much time the attorney must spend working on the case before it comes to an end. That is because an attorney is likely to charge an hourly fee for their service.
Reportedly, the average hourly rate for a South Carolina lawyer is $249 an hour. This is the average hourly rate; some lawyers are going to charge more. So, a person can estimate the cost of a case. In addition to attorney’s fees, a person would have to pay court costs, e.g., the fee to file a complaint. There would also be other costs.
In a case about a construction project, a person might need to hire an expert witness to testify about how the contractor’s work is deficient. This would add to the cost.
What Is the Statute of Limitations for Contract Disputes?
The statute of limitations in South Carolina for a breach of contract claim is 3 years. There is a 3-year statute of limitations that is applicable to claims of breach of warranty. The statute begins to run when the owner knew or should have known that their construction was defective or had been performed in a substandard manner.
The statute of limitations for a negligence claim is also 3 years. It is also 3 years for fraudulent misrepresentation.
South Carolina has a statute of repose, a sort of absolute statute of limitations. It bars all legal actions for construction defects or unsafe conditions arising from the unworkmanlike performance of a contractor in building or improving real property more than 8 years after substantial completion of the project.
Do I Need an Attorney for Suing a Contractor?
If you have received poor workmanship and a defective product from a contractor, you want to talk to a South Carolina contract lawyer in your area. LegalMatch.com can quickly connect you to an experienced lawyer in your area. Your lawyer will be able to analyze the facts of your situation, tell you what your best options are, and guide you through the process of getting the remedy you deserve.
