21-1-15. Definitions.Terms used in this section and §21-1-16 mean:(1)'Action,' any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect;(2)'Construction defect,' a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:(a)Defective materials, products, or components used in the construction or remodeling of a residence;(b)Violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence; or(c)Failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards;(3)'Construction professional,' a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, onstruction professional,' a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, partnership, corporation, or other business entity;(4)'Home owner,' any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence. The term includes a subsequent purchaser of a residence from any home owner;(5)'Residence,' a single-family house or a unit in a multi-unit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system;(6)'Serve' or 'service,' personal delivery or delivery by certified mail to the last known address of the addressee. Source: SL 2007, ch 137, §1.
South Dakota Legal Code