CONSTRUCTION DEFECT DEMAND LETTER
STATE OF SOUTH CAROLINA
STATUTORY NOTICE PURSUANT TO S.C. CODE ANN. SECTION 40-59-810 ET SEQ.
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
South Carolina Contractor License No.: [NUMBER]
Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]
Dear Sir or Madam:
This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to the South Carolina Notice and Opportunity to Cure Act, S.C. Code Ann. Section 40-59-810 et seq., and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
THIS IS A STATUTORY NOTICE REQUIRED UNDER SOUTH CAROLINA LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN THE STATUTORY PERIOD.
I. SOUTH CAROLINA-SPECIFIC LEGAL FRAMEWORK
A. South Carolina Notice and Opportunity to Cure Act
This notice is provided pursuant to S.C. Code Ann. Section 40-59-810 et seq., South Carolina's Notice and Opportunity to Cure Act, which establishes mandatory pre-litigation procedures for residential construction defect claims.
Under the Act:
- The claimant must provide written notice of claimed defects at least 90 days before filing suit
- The contractor may inspect the property and offer repairs or settlement
- The notice must describe the defects in sufficient detail
- Failure to comply with the notice requirements may bar or limit the action
B. Statute of Limitations
South Carolina law provides the following limitations periods for construction defect claims:
| Claim Type | Limitations Period | Authority |
|---|---|---|
| Breach of Contract | 3 years | S.C. Code Ann. Section 15-3-530(1) |
| Negligence/Tort | 3 years | S.C. Code Ann. Section 15-3-530(5) |
| Breach of Warranty | 4 years (UCC) | S.C. Code Ann. Section 36-2-725 |
| Fraud | 3 years from discovery | S.C. Code Ann. Section 15-3-530(7) |
C. Statute of Repose
S.C. Code Ann. Section 15-3-640 establishes statutes of repose for improvements to real property:
- 8 years for general construction defect claims
- 13 years for actions involving defects in design or construction causing injury to property or person
Running from substantial completion of the improvement.
D. Implied Warranties in South Carolina
South Carolina recognizes the following implied warranties in residential construction:
-
Implied Warranty of Habitability: Builders of new homes impliedly warrant that homes are fit for habitation. Arvai v. Shaw (S.C. 1977), 345 S.E.2d 715.
-
Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner. Kennedy v. Columbia Lumber & Mfg. Co. (S.C. 1980), 384 S.E.2d 730.
E. Contractor Licensing Requirements
Under S.C. Code Ann. Section 40-59-10 et seq., contractors must be licensed by the South Carolina Contractors' Licensing Board. Unlicensed contractors may face penalties and may be barred from enforcing contracts.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], South Carolina |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| SC Contractor License No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to S.C. Code Ann. Section 40-59-850, the following is a detailed description of each claimed construction defect:
DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]
Location: [Specific location within the property]
Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]
Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Other: [SPECIFY]
Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]
Standards Violated:
[ ] South Carolina Building Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] Implied Warranty of Workmanship
[ ] Implied Warranty of Habitability
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
DEFECT #2: [TITLE]
[REPEAT FORMAT ABOVE FOR EACH DEFECT]
IV. SUMMARY OF DEFECTS AND DAMAGES
| Defect | Location | Est. Repair Cost | Related Damages |
|---|---|---|---|
| [DEFECT 1] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | ||
| Consequential Damages | $[AMOUNT] | ||
| Expert/Investigation Costs | $[AMOUNT] | ||
| Temporary Housing | $[AMOUNT] | ||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
V. LEGAL BASIS FOR CLAIMS
A. Breach of Contract
You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.
B. Breach of Express Warranty
You provided express warranties regarding quality and durability of construction which you have breached.
C. Breach of Implied Warranty of Habitability
Under South Carolina law, builders impliedly warrant that new homes are fit for habitation. Arvai v. Shaw, 345 S.E.2d 715 (S.C. 1977).
D. Breach of Implied Warranty of Workmanlike Construction
Under South Carolina law, construction must be performed in a workmanlike manner. Kennedy v. Columbia Lumber & Mfg. Co., 384 S.E.2d 730 (S.C. 1980).
E. Negligence
You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.
F. Violation of Building Codes
The construction violates the South Carolina Building Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under the Notice and Opportunity to Cure Act
Pursuant to S.C. Code Ann. Section 40-59-860, upon receipt of this notice, you have the right to:
- Inspect the Property: Request an inspection within 30 days of receiving this notice
- Offer to Repair: Make a written offer to repair some or all defects within 45 days after inspection
- Offer Settlement: Make a written offer of monetary compensation
- Dispute Claims: Deny responsibility for the claimed defects
B. Response Timeline (S.C. Code Ann. Section 40-59-860)
- Within 30 days: You may request an inspection of the property
- Within 45 days after inspection: You must provide a written response with your offer
- 90 days total: The claimant may not file suit until 90 days after providing notice
C. Consequences of Non-Response
Failure to respond within the statutory period may result in:
- Owner proceeding directly to litigation after 90 days
- Waiver of your right to inspect and repair
- Potential adverse inference at trial
VII. DEMAND FOR INSPECTION ACCESS
We hereby offer you the opportunity to inspect the property pursuant to S.C. Code Ann. Section 40-59-860. To schedule an inspection:
- Contact our office in writing within 30 days
- Propose inspection dates during reasonable business hours
- Identify all persons who will attend
- Identify any experts who will participate
Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
VIII. PRESERVATION OF EVIDENCE
You are hereby directed to preserve all documents and materials relating to the construction, including:
- All contracts and subcontracts
- Plans, specifications, and drawings
- Inspection reports and quality control records
- Correspondence with owner and subcontractors
- Photographs taken during construction
- Daily logs and progress reports
- Warranties from manufacturers
- Insurance policies and certificates
Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.
IX. SETTLEMENT DEMAND
To resolve this matter without litigation, we demand:
Option A - Repair by Contractor:
1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees incurred to date: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.
X. CONCLUSION
Please respond in writing within the time periods specified in S.C. Code Ann. Section 40-59-860. If we do not receive a timely response, our client will proceed with litigation after the 90-day statutory period without further notice.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
South Carolina Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [OWNER NAME]
ENCLOSURES:
[ ] Photographs of defects
[ ] Expert report(s)
[ ] Repair estimates
[ ] Copy of construction contract
[ ] Correspondence history
cc: [OWNER NAME]
[INSURANCE CARRIER]
South Carolina Contractors' Licensing Board (if applicable)
SOUTH CAROLINA-SPECIFIC PRACTICE NOTES
Notice and Opportunity to Cure Act (S.C. Code Ann. Section 40-59-810 et seq.):
- 90-day pre-suit notice required for residential construction
- Contractor has 30 days to request inspection after notice
- Contractor has 45 days after inspection to respond with offer
- Failure to follow procedure may bar or limit claims
- Applies to claims against contractors, subcontractors, and suppliers
Statute of Repose (S.C. Code Ann. Section 15-3-640):
- 8-year repose period for general construction defect claims
- 13-year repose period for structural defects causing injury
- Runs from substantial completion of the improvement
Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Warranty of workmanlike construction applies to all work
- Extends to subsequent purchasers within reasonable time
Contractor Licensing:
- Contractors must be licensed by SC Contractors' Licensing Board
- Verify license status with the Board
- Unlicensed contractors may face penalties and cannot enforce contracts
Discovery Rule:
- Statute of limitations begins when injury is or should be discovered
- Applies to latent defects
- Dean v. Ruscon Corp., 321 S.C. 360 (1996)
This template is for informational purposes only and does not constitute legal advice. Consult a licensed South Carolina attorney before use.