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H. 4459

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison, Delleney, W.D. Smith, Talley, Taylor, Clemmons, Cotty, Simrill, Walker, Kirsh and Viers
Document Path: l:\council\bills\pt\1779ahb04.doc

Introduced in the House on January 13, 2004
Currently residing in the House Committee on Judiciary

Summary: Statute of limitations, construction, decrease time from 13 years to 8 years

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/17/2003  House   Prefiled
  12/17/2003  House   Referred to Committee on Judiciary
   1/13/2004  House   Introduced and read first time HJ-82
   1/13/2004  House   Referred to Committee on Judiciary HJ-82
   1/14/2004  House   Member(s) request name added as sponsor: Viers

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/17/2003

TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTE OF LIMITATIONS FOR FILING AN ACTION FOR A CONSTRUCTION DEFECT, SO AS TO DECREASE THE STATUTE OF REPOSE FROM THIRTEEN TO EIGHT YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 15-3-640 of the 1976 Code is amended to read:

"Section 15-3-640.    (A)    No An actions action to recover damages based upon or arising out of the defective or unsafe condition of an improvement to real property may not be brought more than thirteen eight years after substantial completion of such an the improvement. For purposes of this section, an action based upon or arising out of the defective or unsafe condition of an improvement to real property includes is an action:

(1)    an action to recover damages for breach of a contract to construct or repair an improvement to real property;

(2)    an action to recover damages for the negligent construction or repair of an improvement to real property;

(3)    an action to recover damages for personal injury, death, or damage to property;

(4)    an action to recover damages for economic or monetary loss;

(5)    an action in contract or in tort or otherwise;

(6)    an action for contribution or indemnification for damages sustained on account of an action described in this subdivision;

(7)    an action against a surety or guarantor of a defendant described in this section;

(8)    an action brought against any a current or prior owner of the real property or improvement, or against any other another person having a current or prior interest in the real property or improvement;

(9)    an action against an owners owner or manufacturers manufacturer of components, or against any a person furnishing materials, or against any a person who develops real property, or who performs or furnishes the design, plans, specifications, surveying, planning, supervision, testing, or observation of construction, or construction of an improvement to real property, or a repair to an improvement to real property.

(B)    This section describes an outside limitation of thirteen eight years after the substantial completion of the improvement, within which normal statutes of limitations continue to run.

(C)    Any A building permit for the construction of an improvement to real property shall must contain in bold type notice to the owner or possessor of the property of his rights under this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond thirteen eight years after substantial completion of the improvement. The Department of Consumer Affairs shall publish in conspicuous places the right of any an owner or possessor to contract for such extended liability under this section. Nothing in this section shall prohibit any prohibits a person from entering into any contractual agreement prior to the substantial completion of the improvement which extends any guarantee of a structure or component being free from defective or unsafe conditions beyond thirteen eight years after substantial completion of the improvement or component."

SECTION    2.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    3.    This act takes effect upon approval by the Governor and applies to a cause of action arising on or after the effective date of this act.

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