Default rule and exceptions
South Carolina's Right to Cure Act forces a court to stay any construction-defect suit filed before the homeowner gave the contractor required pre-suit notice; the underlying claim is barred 8 years after substantial completion regardless of theory.
| Party | What they are responsible for |
|---|---|
| Contractor | Entitled to pre-suit notice under the Right to Cure Act; a court will stay a suit filed without it. |
| Homeowner | Must comply with the Right to Cure notice process and sue within 8 years of substantial completion. |
| Exceptions | None on record |
What the source says
Last verified against the primary source on Sep 20, 2026.
No actions to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may be brought more than eight years after substantial completion of the improvement.
If the claimant files an action in court before first complying with the requirements of this article, on motion of a party to the action, the court shall stay the action until the claimant has complied with the requirements of this article.
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Common questions
Who pays for new construction: builder defect warranty in General, SC?
The party at fault. Entitled to pre-suit notice under the Right to Cure Act; a court will stay a suit filed without it.
What is this based on for General, SC?
This verdict is sourced to S.C. Code § 15-3-640 and 2 sources in total, each independently re-checked before publication.
Sources
- S.C. Code § 15-3-640statute · verified-primary · accessed 2026-09-13
- S.C. Code § 40-59-830: Right to Cure, stay of actionstatute · verified-primary · accessed 2026-09-13
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