South Carolina’s statue of repose that applies to construction projects is found at Section 15-3-640 of the South Carolina Code. For projects for which substantial completion (defined as issuance of a certificate of occupancy) occurred after July 1, 2005, the state of repose is 8 years. For older projects, the statue of repose is 13 years. The statue of repose is the outside limit allowed for lawsuits involving claims against design professionals, contractors, sub-contractors, the property owner, material manufacturers; developers, and sureties. The statue applies to a wide variety of claims relating to improvements to real property including claims for:
• Breach of contract to design or construct a project;
• Personal injury;
• Defective construction;
• Professional negligence;
• Other tort claims for defective or unsafe design or construction; and
• Claims for indemnity or contribution
The typical three year statute of limitations still applies, but the statute of repose sets forth the outside limit.