A contractor fails to provide preliminary notice for a mechanics lien in South Carolina. The work was completed on March 15th, and the general contractor was paid on April 1st. What is the last day to file the lien?
Correct Answer
C) May 1st
Without preliminary notice, subcontractors must file within 30 days of the general contractor's final payment, which would be May 1st.
Why This Is the Correct Answer
In South Carolina, when a subcontractor has not filed a preliminary notice, the deadline to file a mechanics lien shifts to 30 days after the general contractor receives final payment. The GC was paid on April 1st, so 30 days later is May 1st — the correct deadline.
Why the Other Options Are Wrong
Option A: June 1st
June 1st would be 61 days after April 1st (the GC's payment date), which overshoots the 30-day post-payment window. It might be confused with a 90-day rule or the wrong triggering event.
Option B: May 15th
May 15th is 44 days after April 1st and does not correspond to any recognized lien deadline. It might be calculated incorrectly from the work completion date (March 15 + 60 days = May 14/15), which is the wrong triggering event when no preliminary notice was filed.
Option D: April 15th
April 15th is only 14 days after the GC's payment date — far too short. This may stem from confusion with notice deadlines in other states or with a 15-day preliminary notice rule.
Memory Technique
No Notice = No Clock Until GC Gets Paid. When preliminary notice is missing, forget the completion date — start your 30-day countdown the moment the general contractor receives their check.
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