§ 40-59-810 Short Title
§ 40-59-820 Definitions
§ 40-59-830 Stay of action until compliance with article
§ 40-59-840 Notice of claim; timing; contents; request for clarification
§ 40-59-850 Contractor’s election to inspect, remedy, settle, or deny claim; inspection of construction defect; response to contractor’s offer; admissibility
§ 40-59-860 Claims for personal injury or death; designation for stay on Civil Action Cover Sheet

Terms Used In South Carolina Code > Title 40 > Chapter 59 > Article 5 - South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act

  • 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. See South Carolina Code 40-59-820
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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. See South Carolina Code 40-59-820
  • 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. See South Carolina Code 40-59-820
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • 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. See South Carolina Code 40-59-820
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Personal property: All property that is not real property.
  • service: means personal service or delivery by certified mail to the last known address of the addressee. See South Carolina Code 40-59-820
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.