South Carolina H 5218: House Rules, committee procedures

Bill Text

2025-2026 Bill 5218 Text of Previous Version (Feb. 19, 2026) - South Carolina Legislature Online 

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