821 S.E.2d 504
S.C. Ct. App.2018Background
- HOA (Stoneledge) sued Bostic Brothers Construction (Bostic), the original developer/builder, for construction defects causing water intrusion and related damage; suit filed February 2010.
- The jury found Bostic partially liable; post-trial disputes included statute-of-limitations defense, set-offs, and motion for new trial.
- Some homeowners observed leaks or water intrusion as early as 2003–2006; others did not notice significant damage until heavier rains in 2008–2009.
- Many defects were latent (hidden behind stone veneer or within walls) and often required destructive testing to detect.
- Trial court denied Bostic’s directed verdict (statute of limitations) and denied a new trial; this appeal challenges those rulings and the court’s set-off order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether statute of limitations barred claims vs. Bostic | HOA: defects were latent; injury and cause of action not discoverable until 2008–2009 | Bostic: homeowners had notice (some as early as 2005) and should have sued earlier; directed verdict required | Affirmed denial of directed verdict — jury could reasonably find claims discovered in 2009; SOL did not bar suit |
| Whether constructive notice from early observations started SOL | HOA: early observations were insufficient to put homeowners on notice of latent defects | Bostic: early reports and owner testimony (Taylor, others) put them on constructive notice in 2005–2006 | Court found factual disputes for jury; reasonable diligence inquiry was for jury to decide |
| Whether set-off order was proper | HOA: (not separately addressed in this opinion) | Bostic: challenged trial court’s set-off of portions of jury verdict | Reversed and remanded for entry of judgment consistent with Stoneledge I (per appellate panel) |
| Whether new trial should be granted | HOA: oppose new trial; verdict supported by evidence | Bostic: urged new trial | Denied — trial court did not abuse discretion |
Key Cases Cited
- Stoneledge at Lake Keowee Owners' Assoc. v. IMK Dev. Co., 425 S.C. 276, 821 S.E.2d 509 (S.C. Ct. App. 2018) (related opinion addressing allocation/set-off issues)
- Barr v. City of Rock Hill, 330 S.C. 640, 500 S.E.2d 157 (Ct. App. 1998) (constructive notice and discovery rule; failure to comprehend full extent of damages immaterial)
- Santee Portland Cement Co. v. Daniel Int'l Corp., 299 S.C. 269, 384 S.E.2d 693 (S.C. 1989) (latent defects may delay accrual; reasonableness of plaintiff's actions is a jury question)
- Maher v. Tietex Corp., 331 S.C. 371, 500 S.E.2d 204 (Ct. App. 1998) (standard for directed verdict review)
- Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 518 S.E.2d 591 (S.C. 1999) (appellate courts need not address issues rendered moot by disposition of prior issues)