Construction Lawyers

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 advocate 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 the exceed 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.

There are occurrences where a contractor will collect the full contract price from a homeowner for a building project, then the homeowner subsequently discovers that the contractor did not pay the subcontractors. When this happens, subcontractors often will approach the homeowner seeking payment for their services. The homeowner first should look to the building agreement with the contractor to determine who is responsible for paying the subcontractors. If the contractor is responsible, and the homeowner has paid all money owed to the contractor, South Carolina law generally will protect the homeowner from payment claims brought against them by the subcontractors. But if the homeowner owes any outstanding balance to the contractor, the subcontractors may be able to collect from the homeowner directly, up to the amount of the balance owed to the contractor.

A professional contractor in South Carolina must be licensed to perform general contracting work for any project that costs five thousand dollars or more. Homeowners always should check to be sure that any contractor with whom they contract is licensed to perform residential general contracting work in the state of South Carolina. However, homeowners often will trust a builder’s “expertise” or reasonably rely on a builder holding itself out to be a general contractor. Performing unlicensed general contracting work is unlawful, and a homeowner may have actions against the contractor.  The attorneys at BurnetteLaw, LLC can assist you with matters regarding unlicensed contractors.

Another common situation during the pendency of a project is that a homeowner will become dissatisfied with the quality or the progress of the work being performed. If the work is significantly below the level of the homeowner’s reasonable expectations, the homeowner no longer may want the contractor to continue working or wish to hire another contractor. In this situation, it is important for the homeowner to review carefully the terms of the building agreement to determine whether the contract may be terminated and what costs, if any, may be recovered from the contractor. If the work is defective to the point that no reasonable homeowner would allow the contractor to continue, a Court may find that the contractor has breached the contract. This can allow the homeowner to recover the costs to remedy the defective work and complete the project using a different contractor.

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.

Homeowners who have had their property damaged by a contractor often feel that they should be entitled to recover the costs and fees necessary to bring an action against a party who clearly has wronged them. Whether these fees may be recovered is usually determined by the language of the contract. It is common for building agreements to contain a provision that in the event of a dispute, the prevailing party is entitled to costs and attorney fees. The construction lawyers at BurnetteLaw, LLC can advise a potential client on whether the likely recovery in a case will justify the costs involved.