Chaucer’s proverb “better late than never” does not apply to mechanic’s liens in South Carolina. The deadlines and requirements contained in the statutes are very strict and failure to comply with any provision will result in dismissal of your lien and an award of attorney’s fees against you. The key deadlines in South Carolina are:
- To perfect a mechanic’s lien, the unpaid party must file notice of the mechanic’s lien with the Register of Deeds or Clerk of Court in the county where the real property is located and serve the owner of the property with notice of the lien within 90 days after last providing labor or materials on the property.
- To enforce a mechanic’s lien, the unpaid party must file a lawsuit to foreclose the mechanic’s lien and file a lis pendens within 6 months after the last day that labor was furnished or materials were provided for the project.
Importantly, the prevailing party in a mechanic’s lien action can be awarded attorney’s fees. If a defendant prevails because the lien is not valid or cannot be proven, he will be awarded attorney’s fees and costs, although they cannot exceed the amount of the lien. If you feel that you need to file a mechanic’s lien action because you have not been paid for a project, you must meet these deadlines or your lien will be dissolved.