Home Construction Law Construction Design Defect

Construction Law in General

Many parties are involved in the commission of a construction project, including architects, engineers and laborers. All these parties are exposed to liability on projects they have assisted with as they are expected to display a certain level of care. The question becomes whether the professional has acted reasonably in the performance of his or her duties.

In order for a problem to be considered a defect, specifically a design defect, construction law requires three elements to be fulfilled:

  1. A deficiency in the building process
  2. A structural failure caused by this deficiency
  3. Damage to a person/property as a result

A design defect starts with a failure to create satisfactory blueprints or construction plans, thus leading to a defect. This failure means the professional, i.e. architect or engineer has failed to uphold the “standard of care” required of them, which may result in legal action.

While section 38 of the South Carolina Code provides protection against structural and design defects, your builder is protected from immediate legal action by the “right to cure.” This means that once you discover a construction defect, you are required to give the builder a chance to make it right.

Construction law requires the home buyer to notify the builder in writing at least 90 days before filing a construction defect lawsuit. If the builder does not conduct an inspection or respond to your claim within 30 days, you may pursue legal action.

As a smaller client-focused firm, we treat clients as real people — not file numbers”
- Julian Allen
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Signs of a Design Error

While there are numerous possible construction design defects, the most common defects include:

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Injuries Due to Construction Defects

The effect of these defects can be never-ending. In some cases, property owners, occupiers, and others may suffer injuries because of the defective construction. When this occurs, the party responsible for the defect is legally responsible for the victim’s damages. For example:

  • Medical bills
  • Lost wages
  • Related expenses
  • Pain and suffering
  • Other economic and non-economic losses

We may be able to file an insurance claim or sue the liable party to secure financial recovery in these cases.

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How Can a Charleston Lawyer Help?

If you have experienced problems with your house, such as signs of water intrusion, evidence of a leaking roof or windows, stormwater entering your home or garage, or buckled siding or flooring, call our Charleston construction design defect attorneys. They will discuss with you what you are seeing, what it means, and what your options are to secure your rights to a properly built home.

Keep in mind that statutes of limitations put time limits on homeowners to pursue these claims. Accordingly, if you are concerned about builder or developer negligence, don’t hesitate to call today to discuss the matter with an attorney.

The legal team at Allen Law will investigate your situation and determine what compensation you are entitled to. Enlisting legal help for design defects is crucial in ensuring the responsible parties are held accountable. Contact the team today at (843) 882-5005 to see what damages you may be able to recover.

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