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South CarolinaSC Supplementhard100% of exam part

A contractor completes a $150,000 residential project. The homeowner discovers defects and wants to file a complaint. What is the statute of limitations for construction defect claims in South Carolina?

Correct Answer

C) 8 years from completion

South Carolina has an 8-year statute of limitations for construction defect claims from the date of completion or occupancy.

Answer Options
A
1 year from discovery
B
3 years from completion
C
8 years from completion
D
6 years from completion

Why This Is the Correct Answer

South Carolina law (SC Code § 15-3-640) establishes an 8-year statute of repose for construction defect claims, running from the date of substantial completion or first occupancy. This is a repose period — it runs regardless of when the defect is discovered, barring fraudulent concealment.

Why the Other Options Are Wrong

Option A: 1 year from discovery

1 year from discovery is far too short and does not reflect SC law. Some states use shorter discovery-based limitations for certain claims, but SC's 8-year statute of repose for construction defects is significantly longer and begins from completion, not discovery.

Option B: 3 years from completion

3 years from completion is incorrect. While SC has a 3-year statute of limitations for general negligence claims, construction defect claims are governed by the specific 8-year statute of repose under SC Code § 15-3-640.

Option D: 6 years from completion

6 years from completion is the limitation period in some other states and is a plausible distractor, but SC specifically uses 8 years. Do not confuse SC's period with the 6-year period used in jurisdictions like New York.

Memory Technique

Associate '8 years' with the number of letters in 'DEFECTIVE' (d-e-f-e-c-t-i-v-e = 9, close enough — or think: 'SC gives you almost a decade'). Alternatively, remember SC = 8 by pairing the state abbreviation with the number 8 (the SC shape looks like a curvy 8).

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