Construction Defects July 25, 2025

Charleston Homeowner Sues Regional Homes Builder Over Major Construction Defects

A Charleston homeowner is suing their builder over foundation cracks, water intrusion, and improperly installed HVAC. David Traywick explains the SC construction defect notice requirements and the contractor warranty claims available.

Informational purposes only. This article discusses a recent news event and does not constitute legal advice. Every case is different — contact Traywick Law Offices for a free evaluation.

The Incident

On July 25, 2025, a Charleston homeowner filed a lawsuit against a regional home builder, alleging significant construction defects in their newly built property. The homeowner reported foundation cracks, water intrusion, and an improperly installed HVAC system, all of which have led to substantial damage and discomfort. These issues surfaced shortly after the homeowner moved in, raising concerns about the quality of workmanship and adherence to building standards.

Construction defects like these can have serious consequences, not only for the structural integrity of the home but also for the health and safety of its occupants. The homeowner claims that the builder failed to address the problems despite repeated attempts to seek repairs under warranty. This case underscores the importance of holding builders accountable for their obligations under South Carolina law.

What South Carolina Law Says

South Carolina law provides specific protections for homeowners facing construction defects. Under the South Carolina Notice and Opportunity to Cure Construction Defects Act (SC Code § 40-59-810 et seq.), homeowners must notify the builder of the defect and allow them an opportunity to fix the issue before filing a lawsuit. This process is designed to encourage resolution without litigation.

Additionally, builders are required to honor implied warranties of habitability and workmanship under South Carolina law. These warranties ensure that the home is built to reasonable standards and is suitable for living. If a builder fails to meet these obligations, homeowners may pursue claims for breach of warranty, negligence, or even fraud if the defects were knowingly concealed.

Your Rights and Options

If you are a homeowner dealing with construction defects, your first step should be to document the issues thoroughly. Take photographs, keep records of communication with the builder, and gather any relevant contracts or warranties. Next, provide written notice to the builder outlining the defects and request repairs, as required under SC Code § 40-59-810.

If the builder refuses to address the problems or offers inadequate solutions, you may have grounds to file a lawsuit. Consulting with an experienced construction defect attorney can help you evaluate your options and determine the best course of action. Legal remedies may include compensation for repair costs, diminished property value, and other damages.

Remember, timing is crucial. South Carolina has specific statutes of limitations for construction defect claims, so it’s important to act promptly to protect your rights.

What I Look For When Evaluating These Cases

When assessing construction defect cases, I focus on the severity of the defects, the builder’s response, and the homeowner’s documentation. Strong cases typically involve clear evidence of the defects, such as photographs, expert assessments, and detailed records of communication with the builder. Additionally, compliance with South Carolina’s notice requirements strengthens the homeowner’s position.

Builders who fail to respond or provide inadequate repairs often bolster the case for pursuing legal action. I also consider whether the defects pose safety risks or significantly impact the property’s value.

How Insurance Companies Will Fight Back

Builders and their insurance companies often argue that the defects are minor or fall outside warranty coverage. They may claim the homeowner caused the damage or that the issues result from normal wear and tear. Additionally, they may challenge the homeowner’s compliance with notice requirements under SC law.

These tactics aim to minimize liability and reduce payouts. That’s why thorough documentation and expert testimony are critical in overcoming these defenses.

Related Practice Areas at Traywick Law Offices

At Traywick Law Offices, we handle a variety of cases related to construction defects and property issues. Learn more about our services by visiting the Charleston Construction Defect Lawyer page or exploring our Premises Liability Attorney practice area.

My Final Thoughts

Construction defects can be incredibly frustrating and costly for homeowners, but South Carolina law provides avenues for justice. As an attorney, I am committed to helping clients navigate these complex cases and hold builders accountable. If you’re facing similar issues, don’t hesitate to seek legal advice to protect your rights and your home.

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