Charleston Construction Defect Attorney Near Me

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Trust Ben Traywick Law With Your Construction Defect Claim

Ben Traywick Law, LLC offers experienced construction defect attorneys to address construction defects in your home or HOA common elements. We offer a wealth of knowledge and experience for defects in cases of structural damage, water damage, stormwater and drainage issues, septic tank failures, defective roads and sidewalks, roofing errors, improperly installed brick, HVAC concerns and the full array of other construction defect issues faced by South Carolina property owners.

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Has a construction defect left your Home, common element, or
commercial property in need of repairs?

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Can you prosecute a claim for your home's construction defect or structural damage? Take this survey to find out how our construction attorneys can help.

Construction Defects Lawsuits

Homebuilders in South Carolina are required to comply with building codes adopted by local and state governments (typically the International Building Code), with industry standards recognized within the construction trades (for instance: recommendations for masonry work published by the Brick Institute of America), and with installation instructions provided by the manufacturer of building products installed on a house (for instance: installation instructions for Hardiplank siding). 

Skilled construction defect attorneys know that a builder who fails to comply with these rules – either itself or through its subcontractors – can be liable to the property owner under various legal theories: breach of contract, breach of warranty, negligence and others. Design professionals involved in the construction and development process can also bear responsibility, often for failures in HOA infrastructure (roads, water, sewers, drainage)

Who is Responsible for Construction Defects?

Depending on whether the construction defect occurred during the design phase or building phase, one (or more) of the following entities could be responsible:

General Contractor

Example: Roof collapses because GC did not properly supervise subcontractor work.


Example: Leaks throughout structure due to window installer’s failure to properly flash or waterproof windows.


Example: HOA common areas do not drain because of poor storm sewer design.

Common Types of Construction Defects


Improperly installed windows, roofing materials and siding allow water to penetrate from the outside into the walls and interior surfaces of the house. Water is a building’s enemy. When it is allowed to intrude beyond the exterior building envelope, the building can rot from the inside out.


BTL has seen an increasing flow of calls from property owners who are experiencing flooding and drainage problems: water ponds in the yard or streets or common areas, ruining landscaping and lawns and threatening to enter buildings and damage structures. 


Structural shortcomings are an alarming, but common deficiency seen in Charleston and elsewhere in the Lowcountry. These problems frequently relate to roof framing errors, and to the failure to meet tie-down requirements in coastal areas which are subject to hurricanes. 


Developers and their infrastructure contractors, responsible for clearing, grading and filling a development tract, and installing roads, water and sewers, fail to prepare the site properly. This results in lots and common areas that flood with water and will not drain, with a secondary result of lawns and trees being killed by the standing water. 


Ben Traywick Law has represented numerous homeowners in matters pertaining to design defects and failures of docks, seawalls, and other shoreline construction elements. 


It is no secret that builders and contractors often use lower-quality materials when they can get away with it. Indeed, this class of products is called “builder grade” or “contractor grade.” Among the most problematic of builder grade materials in frequent use, especially by the national and regional builders who have poured into the Charleston area over the last decade, is the HVAC system. Ben Traywick Law has been involved in dozens of matters in which the system the builder installed is undersized to begin with or improperly installed, resulting in performance deficiencies, excessive humidity in the house, and the need to replace or repair the entire unit. 


Brick used as the exterior cladding on a house, or as the veneer of a chimney, is a good, durable product when installed correctly. Unfortunately, brick is notorious for exhibiting installation errors, especially deficiencies in the weep holes and through-wall flashing, which is essential for allowing water behind the brick to escape to the outside rather than remaining within (and rotting) the wall system. 

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  • For regional and national builders who build and sell a large volume of houses, and who develop large HOA and HPR communities and their common elements, the builder’s failure to adequately supervise subcontractors is a common underlying cause of construction failures.
  • Errors in flashing and other waterproofing measures for building exteriors are a major source of construction deficiencies and damage.
  • Improper installation of windows, siding and roofing materials is a frequent culprit.
  • Builder’s use of poor subcontractors and materials can lead to problems for the property owner.
  • Lack of proper planning and coordination for stormwater, sanitary sewer, roads, sidewalks and septic systems are common problems.

Generally speaking, an aggrieved property owner can hold the developer or general contractor responsible for the owner’s loss. Any subcontractor whose work was substandard can share the builder’s or developer’s responsibility for loss caused by the subcontractor’s work. In certain types of cases – stormwater, road and sidewalk claims are good examples – the evidence often points to design or permitting errors by the project engineer as a contributing cause of the property owner’s losses. 

Ask A Construction Attorney: Types of Construction Defect Cases We Handle


Our construction defect attorneys have represented dozens of homeowners across South Carolina in claims against the builder or developer of the homeowner’s property. We represent individual homeowners with unique problems, and also groups of homeowners within a particular neighborhood when houses up and down the street exhibit the same set of problems. 


Ben Traywick Law represents individual unit owners as well as Homeowners Associations and Horizontal Property Regimes in townhome, condominium, and single-family communities, in claims against developers and builders. These claims include defective construction of common property (walls, roofs, amenities, etc) in addition to careless land development and site preparation (sidewalk deficiencies, drainage failures, flooding, etc). Traywick’s team of construction defect attorneys have the knowledge and experience to address these matters. 


Many modern builders use what amounts to an assembly line method for building residential communities: identical subcontractors utilizing identical materials, under identical supervision, producing more or less identical houses…which results in identical construction defects throughout neighborhoods. Oftentimes our firm represents groups of homeowners in these circumstances, which allows the group to share certain expenses and responsibilities and have a chance to make a more complete recovery than they might if they were to go it alone. 

What to Do If You Suspect Construction Defect Issues?

If you have experienced problems with your house – such as signs of water intrusion, evidence of leaking roof or windows, stormwater entering your home or garage, buckled siding or flooring – seek a lawyer’s advice immediately. And when you need a skilled Charleston construction defect attorney, call Ben Traywick and his team at Ben Traywick Law Firm. We are ready to discuss what you are seeing, what it means, and what your options are to secure your rights to a properly built home or commercial property. Keep in mind that statutes of limitations put time limits on homeowners to pursue these claims. Accordingly, if you are concerned about builder or developer negligence, the thing to do is to call today to talk the matter over.

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Why Hire Our Construction
Defect Attorneys?

It is said that a family’s home is its largest investment. The home is also a family’s refuge, the place to find peace of mind at the end of a day, respite from the hectic world beyond. It is where we raise our children, celebrate holidays, hang out with friends, keep our pets. Simply put, to the people who live there, home is the most important place on Earth.

At Ben Traywick Law, we understand that when home gets turned upside down, people’s lives get turned upside down, too. The opportunity to help people who find themselves in these predicaments is why we love what we do, and why we bring such passion to the office and to the courtroom.

Ben Traywick Law’s construction defect lawyers have had a front-row seat to Charleston’s construction boom over the last decade. Representing homeowner clients, we have witnessed chronically poor workmanship, in one home after another, in every corner of the Lowcountry – including Charleston, Mount Pleasant, West Ashley, Summerville, Berkeley County, Beaufort. We have also witnessed it in every corner of the housing market – from national tract developers to “semi-custom” builders to the most expensive custom homes being built in the Charleston area. We used to be surprised, but now we consider it routine to find the same problems, over and over, whether the home sold for $275,000 or $3,000,000.

As builders move on to the next project in Charleston’s red-hot housing market, the homebuyer is left to suffer the consequences as reality sinks in over time. Massive repair costs. Diminished property value. Simultaneously paying a mortgage and the rent for temporary replacement housing. The prospect of trying to sell the house while disclosing the numerous defects that the builder left the homeowner with.

Give Ben Traywick Law a call or submit information about your situation through our secure, online portal. Our Charleston law firm of South Carolina attorneys will listen to your problems, talk through your options, and hopefully earn your trust and the opportunity to seek justice on your behalf.

What Our Construction Defect Clients Say About Us

“Ben Traywick helped me and my fellow homeowners navigate a very unusual, stressful and complex situation resulting in a full settlement for our group. After purchasing our new construction homes, we dealt with deceptive builders who didn’t want to address a land erosion issue or work with us on an equitable solution. Initially, Ben spent various hours meeting with each homeowner (free of charge) to review potential outcomes and help us come to agreement on next steps. Once we engaged Ben, he spent 2 plus years navigating the various challenges of the case: deposed experts, negotiated with 5 separate defendants, complicated court system, frustrated homeowners, etc.). In the end, Ben was successful in getting the defendants to pay full damages without having to go to court. I would highly recommend Ben Traywick and his team to fight for you rights in a fair, honest and equitable manner.”

– James B, Charleston

“Having never been involved in a civil litigation I was very skeptical about how to effectively right a wrong that we experienced regarding construction of our house. I interviewed three attorneys and chose Ben Traywick because he was honest, candid, and clearly possessed deep subject matter expertise. As our process unfolded, we learned to appreciate Ben’s strategic advice and incredibly wise counsel. In the end, we achieved an outcome that exceeded our expectations, a result that we attribute to the skill and experience of our great attorney.”

– John D.
Mount Pleasant, South Carolina

Let's Discuss Your Case.

Take our home defect review to see if you have legal grounds to pursue a clam. Ben Traywick Law is always here to help, eager to learn more about your legal claim and defend your rights as a homeowner or owner of commercial property. 

We manage a variety of construction defect concerns including floor damage, siding issues, window leaks, chimney leaks, construction damage, structure damage, land development errors, and other construction defects claims. 

We welcome you to contact our Charleston construction defect lawyers & litigators today to start the process.

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