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when payment request is over 90 days on property where lien was placed

received a call from Charleston SC concerning a Lien on Earth Fare 200 for $1000. The owner is requesting date the service was provided. which is August 6 2019. What can I tell him as to why it is over 90 days that we are placing the lien. I don't want to say the wrong thing and make a mess of this. We were strung out on payment forever and so are in this pickle

2 replies

Apr 1, 2020

When filing a mechanics lien to recover payment, it's no time to be timid. This is simply a smart business move to protect your right to get paid what you've earned. It's important to communicate your needs as openly as possible. A simple letter describing the situation should be more than sufficient to maintain a good business relationship. It should briefly discuss the measures and attempts taken to resolve the payment dispute before filing the claim. Furthermore, it may be useful to cite the South Carolina mechanics lien laws, specifically SC Code §29-5-90; which provides the 90-day deadline to file a mechanics lien claim. The fact that you've waited nearly the full 90 days should be a clear indicator that you were willing to work things out with the non-paying party before filing the claim. Keep in mind, that the payment issue may not even involve the owner. The GC, your hiring party, or some other higher-tiered project participant may be the cause without the owner's knowledge. The mechanics lien claim will put pressure on the owner to find the root of the problem and potentially uncover more issues. And in any case, it's your money. Good luck!

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Apr 6, 2020

Thank you. But it doesn't help when the lien is over the 90 days.

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