South Carolina Mechanics Lien – Without Owner Contract Form

Generally, South Carolina mechanics liens should be served within the same 90-day period that the lien must be filed in, under § 29-5-90 of the state's lien statute. In fact, some South Carolina counties will actually require proof of service of the lien - otherwise, they won't record the mechanics lien filing. This isn't an explicit legal requirement set out by the lien statute. However, if the county refuses to record a lien without having proof of service, claimants won't really have much choice.

As for whether the lien's recording information must be included with served liens - generally, no, that's not required in order to have a valid mechanics lien. And, in the counties where the recorder won't file a lien until it's been served, that order of operations isn't really possible, anyway.

For further discussion on filing and serving South Carolina mechanics liens: (1) South Carolina Mechanics Lien Guide and FAQs; and (2) How to File a South Carolina Mechanics Lien – Step by Step Guide to Get You Paid.

Generally, mechanics liens are only available to the extent that work has been performed but not paid for. A contractor cannot file a mechanics lien for the entire contract when they have only performed some small portion of the work. As you mention above, South Carolina seems to abide by this general rule: § 29-5-90 of South Carolina's mechanics lien statute calls for the amount that's due to the contractor, with just credits given.

With that in mind, if the contractor has only performed a small portion of the work but has filed a mechanics lien for the entire price of their contract, then there's probably a good chance that the lien is ovestated and rendered invalid or unenforceable as a result. Still - only a court can decide on the validity of a mechanics lien. Though, hiring a local South Carolina construction lawyer can help to review the validity of the claim, and they can advise you on the likelihood of success of challenging the lien. You can begin the search for a South Carolina lawyer here: Top South Carolina Construction Lawyers.

Finally, I think this article should be useful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

First, it's worth noting that cleaning services, by themselves, are generally not lienable because they don't permanently improve, alter, or change the project property. More on that here: Can You File A Mechanics Lien for Cleaning Services? 

As for how to respond to a mechanics lien or a threat of a lien claim, these two articles will be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now? 

With that being said, keep in mind that the cost of defending against a lien claim or having the lien removed could quickly exceed $1,000. So, even if you feel that full payment is not in order, it may be worthwhile to negotiate some lesser payment in exchange for a lien waiver. Plus, if you truly believe they have been stealing from you, you can always bring your own claims later on, if necessary.