South Carolina § 40-59-840 Notice of claim; timing; contents; request for clarification.

South Carolina Statutes

§ 40-59-840 — Notice of claim; timing; contents; request for clarification.

South Carolina § 40-59-840

Title 40PROFESSIONS AND OCCUPATIONS

Ch. 59RESIDENTIAL HOME BUILDERS

This text of South Carolina § 40-59-840 (Notice of claim; timing; contents; request for clarification.) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.C. Code Ann. § 40-59-840 (2026).

Text

(A)In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following:

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

(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 any results of the defect, if known. The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification.

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(A) In an action brought against a contractor or subcontractor arising out of the construction of a dwelling, the claimant must, no later than ninety days before filing the action, serve a written notice of claim on the contractor. The notice of claim must contain the following: (1) a statement that the claimant asserts a construction defect; (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 any results of the defect, if known. The contractor or subcontractor shall advise the claimant within fifteen days of receipt of the claim if the construction defect is not sufficiently stated and shall request clarification.

Legislative History

HISTORY: 2003 Act No. 82, SECTION 1. Editor's Note 2003 Act No. 82, SECTION 2, provides as follows: "This act takes effect upon approval by the Governor and applies to claims arising on or after this act's effective date [July 2, 2003]."