In South Carolina Can a sub contractor file and or execute a mechanic lien on a clients property if I the general contractor have provided the homeowner with an unconditional lien release when the project was completed?
1 reply
Nov 18, 2019
A contractor providing a lien waiver to the property owner will not prohibit their subcontractor from filing a lien, in and of itself. One party cannot waive another's lien rights.
Of course, keep in mind that if a Notice of Commencement was filed on the project, the lien claims of sub-subcontractors and remote suppliers on the project may be limited to the amount unpaid between the contractor and their direct sub.
For more information on South Carolina lien waivers and mechanics lien rights, here are some helpful resources:
- South Carolina Lien Waivers Guide and FAQs- South Carolina Mechanics Lien Guide and FAQs