February 20, 2025

South Carolina Tort Reform Bill Raises Concerns for Homeowners

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News Summary

A new tort reform bill, Bill S.244, introduced in South Carolina aims to amend construction defect liability laws, causing concern among homeowners. Critics warn that the proposed legislation may lower standards for builders and restrict legal recourse for homeowners suffering from defective construction. Legal experts argue that the bill primarily benefits insurance companies and corporate builders, leaving homeowners vulnerable. As the bill undergoes review, stakeholders are encouraged to engage in the legislative process, emphasizing the need for a balanced approach to construction liability.

New Tort Reform Bill in South Carolina Sparks Debate Among Homeowners and Builders

A new tort reform bill, known as Bill S.244, has been introduced in the South Carolina State House and is stirring significant concern among homeowners regarding construction defect liability. The proposed legislation seeks to amend the existing South Carolina Code of Laws, aiming to limit certain types of lawsuits and liability within the civil trial landscape.

Concerns Over Reduced Standards

Legal expert John Hayes, who specializes in construction defects, raises alarms particularly over Section 6 of the bill. He argues that this section effectively lowers standards for builders, posing a challenge for homeowners looking to pursue legal action for defective construction. Current laws in South Carolina allow homeowners a generous time frame of eight years to file lawsuits against general contractors for defects, though there are exceptions. Hayes points out that many construction defects often only become apparent after the expiration of this timeline.

Restrictions on Legal Action

If enacted, the changes proposed in Bill S.244 would mandate that homeowners demonstrate substantial personal injury or property damage before initiating lawsuits against builders. Hayes asserts that this requirement could leave many homeowners defenseless against poor construction practices. Furthermore, the potential implications of this legislation raise serious questions about who ultimately bears the financial burden of construction repairs.

Who Benefits from the Bill?

Hayes contends that the tort reform bill primarily serves the interests of insurance companies and corporate builders rather than the average homeowners. His fears extend to the possibility that, should the bill pass, taxpayers would ultimately shoulder the costs associated with repairs, rather than holding builders accountable for their constructions. This, he argues, undermines the principle of holding “responsible parties” accountable, potentially penalizing the very citizens the bill purports to protect.

Defending the Bill

Despite these concerns, Senator Sean Bennett, one of the bill’s sponsors, offers a defense, asserting that the legislation aims to tighten the existing eight-year timeline while incorporating provisions for cases of gross negligence. Bennett emphasizes that the bill is designed to safeguard all parties within various industries, including construction and even trucking. He contends that the reforms are necessary for a balanced legal framework that addresses contemporary challenges.

Opposing Lists of Stakeholders

In stark contrast to Bennett’s assertions, Hayes emphasizes that the legislation prioritizes profits for insurance companies above the safety and rights of homeowners. This clash of viewpoints paints a complicated picture in which varying interests are at stake. On one hand, Bennett advocates for a streamlined legal process that protects businesses; on the other hand, Hayes argues for a system that upholds homeowners’ rights in the face of potentially shoddy construction practices.

Legislative Timeline

The proposal is currently under review in a Senate subcommittee, with a vote expected in the coming weeks. As tensions rise over the implications of the bill, Hayes has made his case before the Senate subcommittee, revealing a commitment to protecting homeowners’ rights.

A Call for Public Engagement

Both Hayes and Bennett urge individuals to engage in the legislative process by reaching out to their state senators regarding the bill. Whether you believe it serves the interests of builders or the rights of homeowners, the upcoming weeks are critical for the future of construction defect liability in South Carolina.