A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 15-36-110 SO AS TO REQUIRE A PLAINTIFF IN AN ACTION FOR DAMAGES BASED UPON OR ARISING OUT OF THE DEFECTIVE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY TO FILE AS PART OF THE COMPLAINT ONE OR MORE AFFIDAVITS OF EXPERT WITNESSES WHICH, FOR EACH DEFENDANT, MUST ESTABLISH A CAUSAL CONNECTION BETWEEN THE NEGLIGENT ACT OR OMISSION CLAIMED TO EXIST AND THE FACTUAL BASIS FOR EACH CLAIM.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 36, Title 15 of the S.C. Code is amended by adding:

 

    Section 15-36-110. (A) In an action for damages based upon or arising out of the defective or unsafe condition of an improvement to real property, the plaintiff must file as part of the complaint one or more affidavits of expert witnesses which, with regards to each defendant, must specify at least one negligent act or omission claimed to exist and the factual basis for each claim based on the available evidence at the time of the filing of the affidavit.

    (B) If a plaintiff files an affidavit which is allegedly defective, and the defendant to whom it pertains alleges, with specificity, by motion to dismiss filed contemporaneously with its initial responsive pleading, that the affidavit is defective, the plaintiff's complaint is subject to dismissal for failure to state a claim, except that the plaintiff may cure the alleged defect by amendment within thirty days of service of the motion alleging that the affidavit is defective. The trial court may, in the exercise of its discretion, extend the time for filing an amendment or response to the motion, or both, as the trial court determines justice requires. The filing of a motion to dismiss pursuant to this section shall alter the period for filing an answer to the complaint in accordance with Rule 12(a), South Carolina Rules of Civil Procedure.

    (C) If a plaintiff fails to file an affidavit as required by this section, and the defendant raises the failure to file an affidavit by motion to dismiss filed contemporaneously with its initial responsive pleading, the complaint is not subject to renewal after the expiration of the applicable period of limitation unless a court determines that the plaintiff had the requisite affidavit within the time required pursuant to this section and the failure to file the affidavit is the result of a mistake. The filing of a motion to dismiss pursuant to this section shall alter the period for filing an answer to the complaint in accordance with Rule 12(a), South Carolina Rules of Civil Procedure.

 

SECTION 2.  This act takes effect on January 1, 2027, and applies only to causes of action or claims arising or accruing after January 1, 2027.

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