A contractor files a mechanics lien on March 15th for work completed on February 1st. The property owner files for lien release. Within how many days must the contractor file suit to enforce the lien?
Correct Answer
D) 120 days
In South Carolina, a contractor must file suit to enforce a mechanics lien within 120 days after filing the lien notice.
Why This Is the Correct Answer
Under South Carolina's mechanics lien statute (SC Code § 29-5-120), once a property owner files a petition for lien discharge or release, the lien claimant has 120 days from the date of filing the lien notice to commence a civil action to enforce the lien. Failure to sue within 120 days extinguishes the lien entirely.
Why the Other Options Are Wrong
Option A: 90 days
90 days is a common figure associated with lien filing deadlines in other states, but it is not the enforcement-suit deadline in South Carolina after a lien release petition has been filed.
Option B: 180 days
180 days (six months) corresponds to the general statute of limitations for enforcing a lien in some jurisdictions, but it is not the specific South Carolina deadline that applies once the owner triggers the release process.
Option C: 60 days
60 days is too short and does not appear in South Carolina's mechanics lien enforcement timeline. This figure may be confused with preliminary notice periods in other states.
Memory Technique
Remember '120 days to stay alive': once the owner attacks the lien with a release petition, the contractor has 120 days to keep the lien alive by filing suit — exactly four months.
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