Just this past December, we tried a residential construction case for a homeowner involving a claim by the builder to foreclose his mechanic’s lien. The builder had failed to include his contractor license number on his lien when it was filed. As a result, the court dismissed and dissolved his mechanic’s lien and we asked for an award of attorney’s fees. This shows how missing a seemingly even a relatively minor detail in the filing of a mechanic’s lien will result in the lien being dissolved.
The South Carolina’s mechanic’s lien statute starts at section 29-5-10 of the South Carolina Code. There are some key requirements in it to perfect a mechanic’s lien:
- Notice of mechanic’s lien must be filed with the Register of Deeds or Clerk of Court in the county where the real property is located
- Notice of the lien must be served upon the owner of the property
- The lien must include the contractor’s license number
- The lien must include a Statement of Account setting forth the amount owed
- The property to which the lien attaches must be accurately described and include the property owner’s name
Filing a mechanic’s lien in South Carolina requires strict adherence to the requirements of the statute. If you need help filing and perfecting a mechanic’s lien, our experienced construction attorneys can help you.