Hi, my project named "LCWSD" - I have accidentally left my 90 day mark slip by. However, I am still being given the option to "create document". Can I still send this and effectively enforce a lien / bond claim?
1 reply
Jan 31, 2020
The deadline by which a mechanics lien must be filed in South Carolina has some unique elements. Generally, the deadline is 90 days from the date that a project participant last provided services or materials for a project. However, unlike many other states, South Carolina has a “call-back” policy. This means that even though a project is otherwise “completed,” a participant might be asked to perform additional services or provide last-minute materials. Normally these punch-list items do not extend a lien deadline, but South Carolina allows a lien to be filed 90 days from the date “call-back” work was performed.
Other than the above exception, once the 90-day deadline has elapsed, the ability to file a valid and enforceable lien is extinguished.
However, that doesn't mean that other documents couldn't be sent in an effort to get paid. Invoice reminders, demand letters, or other potential documents can all have a positive effect, and are unrelated to the lien deadline. You can find other documents that you may want to send here.