We missed a deadline to file an NTO in SC and were just wondering what can we do now?
Jul 25, 2019
Great question, whenever working in a different state, it's important to understand the mechanics lien rules and regulations to ensure you get paid.
South Carolina is a particularly interesting state when it comes to preliminary notices. Unlike the required Notice to Owner in Florida, preliminary notices aren’t technically required to secure your mechanics lien rights in South Carolina. However, sending a notice can impact the amount that can potentially be recovered. In SC, these notices are referred to as a Notice of Furnishing Labor or Materials.
There is no real time limit for sending this notice, but it’s still a good idea to send it as soon as possible. If notice is not sent, a claimant’s lien claim will be limited to the amount that is unpaid to the GC at the time of the claim. But, if a notice is sent, then the claimant will be entitled to any amounts owed and unpaid to the contract at the time the notice is received. So the earlier you send your notice the better.