South Carolina 3rd Tier Notice of Lien Upon Funds Form
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Get help filing your South Carolina Mechanics Lien
When unpaid on a private construction project in South Carolina, parties who furnished labor and/or materials thereto may file a Lien Statement within 120 days of last furnishing labor/materials to preserve their claims for payment.
Others are asking about South Carolina Mechanics Lien
Where do my lien rights stand with a change of ownership of the property I am currently doing work at?
Generally, mechanics lien rights stick with the project property. So, when the property is sold mid-job, the new owners should become responsible for any potential lien claims. Levelset discusses that in these article: What Happens If I Filed My Mechanics Lien After the Property Was Sold?
According to South Carolina's priority rules, a mechanics lien filed after the new owner's mortgage wouldn't take priority over the mortgage. However, a lien claim should certainly be an alarming development for a new commercial owner and could force some action on their part - whether that be them stepping in to resolve the matter, them contacting the prior owner and forcing them to deal with the matter, or some other resolution.
As for required notices - South Carolina general contractors don't have any mandatory preliminary notices, so there's no notice that becomes required simply due to the sale of the property. Note, though, that contacting the new owner to notify them about the payment situation would be wise.
To the extent it looks like a lien may be required to recover payment, it'd also be wise to send any payment reminders, demands, or Notices of Intent to both the original owner and the new owner - the more eyes on the issue, the better the chances that recovery. Plus, if all parties are brought to the discussion, that'd improve transparency on the payment communications and could lead to a quicker resolution. Not to mention, an original owner who's failed to make payment could run into even bigger issues surrounding the sale.
Can a homeowner be required to pay TWICE for materials/labor if the contractor files bankruptcy?
The answer is probably not. Under South Carolina law, Subcontractor and Supplier liens are to be pro-rated based on what you owed the Contractor at the time the liens were filed. It sounds like the Contractor did not finish the job so the $25,000 contract balance would be reduced by the amounts you actually spend to complete the work of the original contract and/or correct defects in that original work. If there is anything left of the $25,000.00 contract balance after that you would be obligated to pro-rate it among the lienors (and to pay them that pro-rated amount).
SECTION 29-5-60. Proration of payments among lienors.
(A) In the event the amount due the contractor by the owner is insufficient to pay all the lienors acquiring liens as herein provided it is the duty of the owner to prorate among all just claims the amount due the contractor.
(B) In the event the amount due a subcontractor by the contractor is insufficient to pay all the lienors acquiring liens under Section 29-5-20 as a result of supplying labor, materials, or services to that subcontractor, all just liens must be prorated by the contractor among sub-subcontractors and suppliers to that subcontractor.
Do you have to be a licensed contractor in order to file a mechanic lien
The short answer is Yes you usually do. The longer answer is that it depends on what type or work or what material you supplied to the project. If South Carolina LLR requires you to be licenesed or registered to do the work than you must have that license or registration in order to file a lien. However, if you aren't required to be licensed (an easy example would be a materials supplier, like tile or brick) then you can still file a lien without a licenese.
SECTION 29-5-15. Filing requirements; penalty for frivolous lien.
(A) To file a mechanics' lien, a contractor must provide the county clerk of court or register of deeds proof that he is licensed or registered if he is required by law to be licensed or registered. As proof of licensure or registration, the contractor must record his contractor license number or registration number on the lien document when the lien document is filed.
(B) A contractor who files a frivolous lien is subject to a fine up to five thousand dollars, the loss of his registration or contractor license, or both.
Ask a construction lawyer about a South Carolina Mechanics Lien
Other forms to use in South Carolina
South Carolina County Recorders
Looking to file/record a mechanics lien in South Carolina? You'll need to get your South Carolina mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in South Carolina. Click on any county to find more information about how to get your lien recorded in that county.
1930 University Parkway
Aiken, South Carolina, 29801
phone: 803) 642-2072
401 E River St
Anderson, South Carolina, 29624
phone: (864) 260-4054
2959 Main Hwy #102
Bamberg, South Carolina, 29003
phone: (803) 245-3025
141 Main St
Barnwell, South Carolina, 29812
phone: (803) 541-1020
100 Ribaut Rd Room 205
Beaufort, South Carolina, 29901
1003 Highway 52
Moncks Corner, South Carolina, 29461
phone: (843) 719-4084
101 Meeting Street, Suite 200
Charleston, South Carolina, 29401
phone: (843) 958-4800
110 Railroad Ave.
Gaffney, SC 29340
301 W Main St
Dillon, South Carolina, 29536
phone: (843) 774-1425
201 Johnston Street
Saint George, South Carolina, 29477
phone: 843-832-0181 press 1
129 Courthouse Sq, Suite 205
Edgefield, South Carolina, 29824
101 South Congress Street
Winnsboro, South Carolina, 29180
180 North Irby St
Florence, South Carolina, 29501
phone: (843) 665-3031
129 Screven Street- Room 145
Georgetown, South Carolina, 29440
phone: (843) 545-3088
301 University Ridge Suite 1300
Greenville, South Carolina, 29601
528 Monument St # 114
Greenwood, South Carolina, 29646
phone: (864) 942-8613
1 Courthouse Square
Hampton, South Carolina, 29924
phone: (803) 914-2250 press 2
1301 Second Ave
Conway, South Carolina, 29526
358 Third Avenue
Ridgeland, South Carolina, 29936
515 Walnut Street, Room 180,
Camden, South Carolina, 29020
101 N. Main Street.
Lancaster, South Carolina, 10720
100 HILLCREST SQUARE-SUITE B
Laurens, South Carolina, 29360
139 E. Main Street, Suite D
Lexington, South Carolina, 29072
phone: (803) 785-8230 ext. 4
100 West Court Street
Marion, South Carolina, 29571
phone: (843) 423-8240
415 South Pine Street, Room 108
Walhalla, South Carolina, 29691
phone: (864) 638-4285
190 Gibson St.; Room 108
Orangeburg, South Carolina, 29116
phone: (803) 533-6235
222 McDaniel Avenue, B-5
pickens, South Carolina, 29671
1701 Main Street, Room 101
Columbia, South Carolina, 29201
366 North Church Street, Suite 100
Spartanburg, South Carolina, 29303
phone: (864) 596-2514
141 N Main St
Sumter, South Carolina, 29150
phone: (803) 436-2177
210 West Main St
Union, South Carolina, 29379
200 W Liberty Street
York, South Carolina, 29745