How Builders in South Carolina Fight Construction Defect Claims
Why Builders Push Back on Construction Defect Claims
When a homeowner or business owner files a construction defect claim, builders and contractors rarely accept responsibility without resistance. Defects can cost them money and damage their reputation. That’s why it’s critical to have a construction defect lawyer on your side who knows exactly how builders fight these cases—and how to counter their strategies.
Common Tactics Builders Use to Defend Against Claims
1. Blaming Normal Wear and Tear
Builders often argue that cracks, leaks, or settlement issues are just the natural aging process of a building. This defense is designed to shift the burden back onto property owners, suggesting there is no true “defect.”
2. Pointing Fingers at Subcontractors
In large projects, multiple subcontractors are involved. Builders may claim the defect was caused by someone else’s poor work to avoid direct liability. A skilled lawyer can trace responsibility up the chain to ensure accountability.
3. Citing Maintenance Failures
Another common tactic is arguing that property owners failed to maintain the structure properly—blaming you for water damage, mold, or structural issues instead of their own workmanship or design flaws.
4. Using Complex Technical Arguments
Builders may bring in their own experts to downplay the seriousness of the defect, making it seem minor or purely cosmetic. These technical defenses can confuse homeowners without professional guidance.
5. Delaying and Dragging Out the Process
Builders and their insurers may drag their feet, hoping frustrated property owners will accept a low settlement or give up entirely. Experienced attorneys know how to push cases forward and stop stalling tactics.
6. Invoking Statutes of Limitation
South Carolina law imposes strict deadlines for filing claims. Builders may argue that too much time has passed, even if you only recently discovered the defect. A construction defect lawyer in Columbia, SC can evaluate whether your case still falls within the statute of limitations.
How a Lawyer Levels the Playing Field
Fighting back against these strategies takes more than frustration—it takes evidence, expertise, and legal leverage. Your attorney will:
- Gather expert inspections and reports to prove the defect.
- Uncover contracts, permits, and communications to establish liability.
- Anticipate builder defenses and prepare counterarguments.
- Negotiate with insurers or take the case to trial if necessary.
When builders use delay or denial tactics, your lawyer ensures your voice is heard and your rights are protected.
Protecting Your Property and Investment
If you believe your home or building has construction defects, don’t wait. Builders and their insurers are already preparing defenses. Speaking with a knowledgeable legal advocate gives you the best chance of recovering the money you need for repairs, reduced property value, and peace of mind.
Visit our Construction Defects page to learn more about how Hewett & Diamaduros Law Firm can help protect your property and hold negligent builders accountable.