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

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

(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.

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]."