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Am I able to file a mechanics lien

South CarolinaLien Deadlines Right to Lien

Our company was subcontracted by a general contractor to complete work on private job. No preliminary notice was filed (for South Carolina). We are still within the 90 day of last furnishing labor/materials. Are we still protected under SC liens and able to file a mechanics lien.

1 reply

Apr 16, 2020

Yes, South Carolina subcontractors can file mechanics liens if they go unpaid, and this is true even if a preliminary notice wasn't sent at the start of the job. A Notice of Furnishing Labor or Materials must be sent before filing the mechanics lien - but, that notice can really be sent at any time before a mechanics lien is filed. Though, it's a good idea to send that notice earlier rather than later because sending it too late will potentially limit mechanics lien rights. As you mentioned above, the deadline to file a South Carolina mechanics lien is 90 days after last furnishing. So, before that 90 days is up, a claimant must send a Notice of Furnishing and must file their mechanics lien in order for the lien to be effective. Keep in mind that you can always take a quick look into mechanics lien rights this tool: Levelset Payment Rights Advisor. And, for further discussion on South Carolina's mechanics lien and notice rules, these resources will help: - South Carolina Mechanics Lien Guide and FAQs - How to File a South Carolina Mechanics Lien – Step by Step Guide to Get You Paid - South Carolina Mechanics Lien Guide and FAQs

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