Terms Used In South Carolina Code > Title 40 > Chapter 11 > Article 3 - South Carolina Notice and Opportunity to Cure Nonresidential Construction Defects Act

• Action: means a civil action in any forum, including an arbitration proceeding, for damages or indemnity asserting a claim for damages, injury, or loss arising out of an alleged defect, act, or omission relating to the design, construction, or condition of the alteration, modification, renovation, or repair of a nonresidential building or structure upon real estate including, but not limited to, utility systems, the boring, and equipping of wells, the preparation of plans, specification, and design drawings, and the work of making the real estate suitable as a site for the building or structure, surveying and staking, the grading, bulldozing, leveling, excavating, and filling of land including the furnishing of fill soil, the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in § 44-96-40(6) including final disposal by a construction and demolition landfill of nonresidential property. See South Carolina Code 40-11-510
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Claimant: means a person or entity who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning an alleged defect, act, or omission relating to the design, construction, or condition of the alteration, modification, renovation, or repair of a nonresidential building or structure upon real estate including, but not limited to, utility systems, the boring, and equipping of wells, the preparation of plans, specifications, and design drawings and the work of making real estate suitable as a site for building or structure, surveying and staking, the grading, bulldozing, leveling, excavation, and filling of land including the furnishing of fill soil, the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in § 44-96-40(6), including final disposal by a construction and demolition landfill of nonresidential property. See South Carolina Code 40-11-510
• Client: means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services. See South Carolina Code 44-26-10
• Construction defect: means a deficiency in or a deficiency arising out of the design, specifications, surveying, planning, supervision, or construction of nonresidential improvements that results from any of the following:
  
  (a) defective material, products, or components used in the construction of nonresidential improvements;
  
  (b) failure to substantially comply with applicable building codes in effect at the time of construction of nonresidential improvements;
  
  (c) failure of the design of nonresidential improvements to meet the applicable professional standards of care and applicable building codes at the time of governmental approval of the design of nonresidential improvements;
  
  (d) failure to construct nonresidential improvements in accordance with accepted trade standards for good and workmanlike construction at the time of construction; or
  
  (e) failure to comply with applicable building codes. See South Carolina Code 40-11-510
• Contract: A legal written agreement that becomes binding when signed.
• Contractor: means a person licensed or registered pursuant to the provisions of Chapter 11 of Title 40, who is engaged in the business of designing, developing, or constructing nonresidential properties. See South Carolina Code 40-11-510
• Court: means a probate court of appropriate jurisdiction unless specified otherwise. See South Carolina Code 44-26-10
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the South Carolina Department of Disabilities and Special Needs. See South Carolina Code 44-26-10
• Design professional: means a person licensed or registered pursuant to the provisions of Title 40 as an architect, landscape architect, engineer, or surveyor. See South Carolina Code 40-11-510
• Director: means the South Carolina Director of Disabilities and Special Needs. See South Carolina Code 44-26-10
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Facility: means a residential setting operated, assisted, or contracted out by the department that provides twenty-four hour care and supervision. See South Carolina Code 44-26-10
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habilitation: means the attempt to remedy the delayed learning process to develop maximum growth potential by the acquisition of self-help, language, personal, social, educational, vocational, and recreational skills. See South Carolina Code 44-26-10
• Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See South Carolina Code 44-26-10
• Interdisciplinary team: means persons drawn from or representing the professional disciplines or service areas included in the individual habilitation plan. See South Carolina Code 44-26-10
• Lien: A claim against real or personal property in satisfaction of a debt.
• Major medical treatment: means a medical, surgical, or diagnostic intervention or procedure proposed for a person with intellectual disability or a related disability, where a general anesthetic is used or which involves a significant invasion of bodily integrity requiring an incision, producing substantial pain, discomfort, debilitation, or having a significant recovery period. See South Carolina Code 44-26-10
• Nonresidential property: means any property, building, structure, or improvement to real property that is not a dwelling as defined in § 40-59-820. See South Carolina Code 40-11-510
• Personal property: All property that is not real property.
• Probate: Proving a will
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• service: means personal service or delivery by certified mail to the last known address of the addressee. See South Carolina Code 40-11-510
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subcontractor: means a contractor who performs work on behalf of another contractor in the construction of a nonresidential property who is licensed or registered pursuant to the provisions of Title 40. See South Carolina Code 40-11-510
• Supplier: means a person who provides materials, equipment, or other supplies for the construction of a nonresidential property. See South Carolina Code 40-11-510