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South CarolinaSC Supplementmedium100% of exam part

A contractor fails to pay subcontractors on a project in South Carolina. Under the mechanics lien law, within how many days must the subcontractor file a lien after the last day of work?

Correct Answer

C) 120 days

Under South Carolina mechanics lien law, subcontractors must file their lien within 120 days after the last day they performed work on the project.

Answer Options
A
60 days
B
180 days
C
120 days
D
90 days

Why This Is the Correct Answer

Under South Carolina's mechanics lien statute (SC Code § 29-5-90), subcontractors must file their lien within 120 days after the last day they performed work or furnished materials on the project. This 120-day window applies to subcontractors and suppliers, not just prime contractors.

Why the Other Options Are Wrong

Option A: 60 days

60 days is the lien filing deadline under Louisiana's Private Works Act, not South Carolina's mechanics lien law. Confusing these two state deadlines is a common exam error.

Option B: 180 days

180 days is not the SC subcontractor lien deadline. This longer timeframe appears in other contexts (such as certain bond claim deadlines or other states' statutes) and is a distractor here.

Option D: 90 days

90 days is not the SC mechanics lien deadline for subcontractors. Some states use 90 days, but South Carolina gives subcontractors the longer 120-day window from their last day of work.

Memory Technique

SC Mechanics Lien for Subcontractors = 120 days = 4 months. Think: 'South Carolina gives you a season (4 months / 120 days) to file your lien.' Four months after your last day of work is the cutoff.

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