Best Business Attorneys in Rock Hill, SC

If a contractor or builder performs defective construction on your property, you may be able to recover the cost of repairs and completion under South Carolina law. Contractors have a duty by law and often by contract to perform construction in a workmanlike manner that is in accordance with industry standards. Having an experienced construction attorney will help you avoid common legal pitfalls and ensure that you are afforded your full legal rights.

It is very important to understand a building/contracting agreement before signing it because the agreement often will establish the rights and obligations of the parties. The language in the contract can determine whether the builder can adjust the price of a project, who is responsible for paying subcontractors, the deadline of a project, limitations of liability, how any disputes will be handled, whether a party may terminate the project, and many other essential components. You especially should consider how the contract will affect your rights in the event that a project falls apart. Too often, homeowners will not read a building agreement until an issue happens. Make sure that you know what you are agreeing to upfront.

South Carolina law allows a party to bring a legal action up to three years after a contract is breached. In regard to construction defects, this time typically begins when a homeowner discovers, or should have reasonably discovered, an existing defect. It is imperative that you do not exceed the three-year time limit or you will be barred from bringing the action. South Carolina law also prevents a party from bringing an action on a construction defect that has existed for over eight years, regardless of when the defect was discovered.

If a contractor abandons a project, the homeowner should document the abandonment to the best of his/her ability. Construction cases often are decided by the question of whether a contractor abandoned the project or was fired. This issue can determine which party breached the contract. It is best to hold discussions in writing with a contractor who is showing signs of leaving a project, or follow up any important conversations with a written confirmation.