Construction Law

The Upstate of South Carolina – particularly Greenville and Spartanburg – are in the midst of a construction boom. While the development is welcome, the race to build sometimes results in shoddy construction. When a home, a development, an apartment complex, or a commercial building begins experiencing problems with construction, it may be necessary to talk to an attorney to explore your options.

Navigation through complexity

Construction cases are complex, almost always requiring expert work, destructive testing, and a detailed look at construction documents. Additionally, South Carolina law includes various requirements for construction cases – such as Right to Cure letters and affidavit requirements – that must be satisfied to ensure a viable case. Hiring a lawyer who can navigate the requirements and properly prepare a case is essential.

Jay knows construction

Jay has been handling construction cases for the entirety of his legal career. Those matters have ranged from single-family homes to townhome communities to apartment complexes.

Construction cases can be complicated and expensive. That expense can prove problematic for owners and HOAs. In some situations, Jay is able to work on a contingency basis, requiring no up-front attorney’s fee. Jay regularly works with expert witnesses to evaluate, investigate, and pursue construction defect work in an effort to make owners whole and to put them in a position to repair defective work.

A few things to know about South Carolina construction law:

  1. South Carolina’s “Right to Cure Act” requires that you provide notice to a potential defendant before filing most construction lawsuits.
  2. If you file suit without complying with the “Right to Cure Act” then your action may be stayed or (some courts have held) even dismissed.
  3. Before filing a construction defect case against an architect or engineer, you must first obtain an affidavit from a similarly-licensed professional, stating that you appear to have valid claims.
  4. Think twice before making repairs - if you do so before the builders or contractors have a chance to see the issue, they may argue that you have destroyed evidence.
  5. Don’t forget that you may have claims for breach of implied warranties, such as the implied warranty of habitability and the implied warranty of workmanship.
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