Who is responsible and liable for a construction defect?
Under South Carolina law, the developer, general contractor, and subcontractors are all responsible for the quality of your home and are potentially liable for defects in your home. When a developer sells a new home to a buyer, the law provides that the developer is guaranteeing that the home is habitable and free from defects. Similarly, when a general contractor and subcontractors construct a home, the law provides that they guarantee they performed the work properly.
The developer, general contractor, and subcontractors can all be liable together for defects in a home. For example, while a subcontractor may have installed the windows in a home and the developer or general contractor’s employees may not have actually touched the windows, the developer and general contractor can still be liable for defects in the windows.
Homes can also suffer from design defects as a result of improper work by architects or engineers. In those instances, the architect or engineer may also be liable for defects in a home.
Additionally, we sometimes encounter products installed in homes that were defectively manufactured or produced. In those cases, the manufacturers and distributors of those products may also be liable.
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