South Carolina General Assembly
116th Session, 2005-2006

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S. 221

STATUS INFORMATION

General Bill
Sponsors: Senator Elliott
Document Path: l:\council\bills\ms\7091ahb05.doc

Introduced in the Senate on January 12, 2005
Currently residing in the Senate Committee on Judiciary

Summary: Statute of repose reduced for construction defects

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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   1/12/2005  Senate  Introduced and read first time SJ-19
   1/12/2005  Senate  Referred to Committee on Judiciary SJ-19

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/12/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATUTE OF REPOSE FOR CONSTRUCTION DEFECTS, SO AS TO REDUCE THE STATUTE OF REPOSE FROM THIRTEEN TO SEVEN 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 actions action 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 thirteen seven 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 owners or manufacturers 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 seven 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 pursuant to this section to contract for a guarantee of the structure being free from defective or unsafe conditions beyond thirteen seven 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 pursuant to this section. Nothing in this section shall prohibit any prohibits a person from entering into any a 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 seven 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.

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