As used in this article:
(1) "Action" means any civil lawsuit or action or arbitration proceeding for damages or indemnity asserting a claim for injury or loss to a dwelling or personal property caused by an alleged defect arising out of or related to the design, construction, condition, or sale of the dwelling or a remodel of a dwelling.
(2) "Claimant" means a homeowner, including a subsequent purchaser, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a defect in the design, construction, condition, or sale of a dwelling or in the remodel of a dwelling.
(3) "Construction defect" means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or observation of construction or construction of residential improvements that results from any of the following:
(a) defective material, products, or components used in the construction of residential improvements;
(b) violation of the applicable codes in effect at the time of construction of residential improvements;
(c) failure of the design of residential improvements to meet the applicable professional standards of care at the time of governmental approval of the design of residential improvements; or
(d) failure to construct residential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction. Compliance with the applicable codes in effect at the time of construction conclusively establishes construction in accordance with accepted trade standards for good and workmanlike construction, with respect to all matters specified in those codes.
(4) "Dwelling" means a single-family house or duplex or a multifamily unit not to exceed sixteen units and not to exceed three stories in height, and which is intended for residential use. A dwelling includes the systems and other components and improvements that are part of a single or multifamily unit at the time of construction.
(5) "Serve" or "service" means personal service or delivery by certified mail to the last known address of the addressee.
HISTORY: 2003 Act No. 82, Section 1.
Editor's Note
2003 Act No. 82, Section 2, provides as follows:
"This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."
Structure South Carolina Code of Laws
Title 40 - Professions and Occupations
Chapter 59 - Residential Home Builders
Section 40-59-5. Application of Chapter 1; conflicts.
Section 40-59-10. South Carolina Residential Builders Commission; membership; oath.
Section 40-59-20. Definitions.
Section 40-59-25. Roofing contract cancellation for insurance coverage denial.
Section 40-59-30. License requirement; enforcement of contracts; restraining orders.
Section 40-59-60. Additional commission operations.
Section 40-59-70. Promulgation of regulations.
Section 40-59-80. Investigation of complaints; initial complaints.
Section 40-59-90. Hearing before commission; notice; appearance; order; appeal.
Section 40-59-100. Cease and desist order; temporary restraining order.
Section 40-59-105. Administrative citations and penalties; appeal.
Section 40-59-115. Jurisdiction over actions of licensees and former licensees.
Section 40-59-130. Grounds for denial of license.
Section 40-59-140. Prior criminal record.
Section 40-59-150. Voluntary surrender of license.
Section 40-59-180. Collection and enforcement.
Section 40-59-190. Confidentiality.
Section 40-59-210. Cease and desist orders; penalties; injunction.
Section 40-59-230. Renewal; continuing education; notification of change of circumstances.
Section 40-59-270. Applicability of Chapter 11; exemption of mechanical contractor.
Section 40-59-290. Severability.
Section 40-59-400. Definitions.
Section 40-59-500. Definitions.
Section 40-59-510. Administration; roster of licensed home inspectors.
Section 40-59-520. Licensing requirement; licensing of business entity.
Section 40-59-530. Exceptions.
Section 40-59-540. Application; examination; regulations establishing minimum standards.
Section 40-59-550. Display of license; address changes; renewal; inactive status.
Section 40-59-560. Inspection reports; form; disclosure of scope and limitations.
Section 40-59-570. "Advertisement" defined.
Section 40-59-580. Denial, suspension, or revocation; civil penalties; hearing; appeal.
Section 40-59-590. Restrictions; appraisals and real estate activities.
Section 40-59-600. Penalties; actions to enforce contract; injunction.
Section 40-59-610. Regulations.
Section 40-59-620. Applicability of building code in effect at time of construction.
Section 40-59-810. Short Title.
Section 40-59-820. Definitions.
Section 40-59-830. Stay of action until compliance with article.
Section 40-59-840. Notice of claim; timing; contents; request for clarification.