My boss filed a lien and it was recorded under our sister companys name instead of ours? The lien has already been recorded and served, what should I do?
1 reply
Nov 12, 2018
South Carolina requires that a mechanics lien claim contain the name of the claimant, and, for all parties required to be licensed, the claimant's contractor license number or registration number. To the extent that the name and license number of the party on the lien document is different than the party that actually performed work and is unpaid, it is likely best practice, or required, that the lien be either amended and re-served; or a new lien be filed and served with the appropriate information.
While lien protection is generally to be interpreted broadly to provide protection to lien claimants, compliance with the requirements of the lien statutes themselves are usually very strictly interpreted. In some cases, even misplaced punctuation in a lien claimant's name has resulted in an invalid lien. If there is time remaining prior to the deadline by which a lien must be filed, it is in a lien claimant's best interest to ensure that the proper information is contained on the lien claim. To the extent the period for filing a lien has elapsed, the question becomes murkier, since the deadlines are strict.