(A) The claimant must serve a written notice of claim on the contractor, subcontractor, supplier, or design professional. The notice of claim must contain the following:

(1) a statement that the claimant asserts a construction defect;

Terms Used In South Carolina Code 40-11-530

  • Claimant: means a person or entity who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning an alleged defect, act, or omission relating to the design, construction, or condition of the alteration, modification, renovation, or repair of a nonresidential building or structure upon real estate including, but not limited to, utility systems, the boring, and equipping of wells, the preparation of plans, specifications, and design drawings and the work of making real estate suitable as a site for building or structure, surveying and staking, the grading, bulldozing, leveling, excavation, and filling of land including the furnishing of fill soil, the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in § 44-96-40(6), including final disposal by a construction and demolition landfill of nonresidential property. See South Carolina Code 40-11-510
  • Construction defect: means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or construction of nonresidential improvements that results from any of the following:

    (a) defective material, products, or components used in the construction of nonresidential improvements;

    (b) failure to substantially comply with applicable building codes in effect at the time of construction of nonresidential improvements;

    (c) failure of the design of nonresidential improvements to meet the applicable professional standards of care and applicable building codes at the time of governmental approval of the design of nonresidential improvements;

    (d) failure to construct nonresidential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction; or

    (e) failure to comply with applicable building codes. See South Carolina Code 40-11-510
  • Contractor: means a person licensed or registered pursuant to the provisions of Chapter 11 of Title 40, who is engaged in the business of designing, developing, or constructing nonresidential properties. See South Carolina Code 40-11-510
  • Design professional: means a person licensed or registered pursuant to the provisions of Title 40 as an architect, landscape architect, engineer, or surveyor. See South Carolina Code 40-11-510
  • Subcontractor: means a contractor who performs work on behalf of another contractor in the construction of a nonresidential property who is licensed or registered pursuant to the provisions of Title 40. See South Carolina Code 40-11-510
  • Supplier: means a person who provides materials, equipment, or other supplies for the construction of a nonresidential property. See South Carolina Code 40-11-510

(2) a description of the claim or claims in reasonable detail sufficient to determine the general nature of the construction defect; and

(3) a description of the results of the defect, if known.

(B) The contractor, subcontractor, supplier, or design professional must advise the claimant, within fifteen days of receipt of the claim, if the description of the claim or claims is not sufficiently stated and shall request clarification.

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