H 5218

South Carolina General Assembly
126th Session, 2025-2026
Bill 5218
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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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This web page was last updated on February 19, 2026 at 11:10 AM