The bill H. 5218 proposes an amendment to the South Carolina Code of Laws by adding Section 15-36-110, which establishes new requirements for plaintiffs in actions for damages related to the defective condition of improvements to real property. Specifically, it mandates that plaintiffs must include one or more affidavits from expert witnesses as part of their complaint. These affidavits must establish a causal connection between the alleged negligent act or omission and the factual basis for each claim against each defendant.

Additionally, the bill outlines procedures for addressing potentially defective affidavits. If a defendant claims an affidavit is defective, they must file a motion to dismiss alongside their initial response, which could lead to the dismissal of the plaintiff's complaint unless the plaintiff amends the affidavit within thirty days. Furthermore, if a plaintiff fails to file the required affidavit, the complaint cannot be renewed after the statute of limitations unless a court finds that the plaintiff had the affidavit but failed to file it due to a mistake. The bill is set to take effect on January 1, 2027, and will apply only to claims arising after that date.

Statutes affected:
02/19/2026: 15-36-110
Latest Version: 15-36-110