A material supplier delivered $25,000 worth of lumber to a job site. The general contractor has not paid after 45 days. Under SC mechanics lien law, what is the supplier's next required action to preserve lien rights?
Correct Answer
A) File a lien notice with the clerk of court
To preserve mechanics lien rights, the supplier must file a lien notice with the clerk of court within the statutory timeframe.
Why This Is the Correct Answer
Option A is correct. Under South Carolina mechanics lien law (SC Code § 29-5-10 et seq.), a material supplier must file a Notice of Mechanic's Lien with the clerk of court in the county where the property is located to formally preserve lien rights. This filing must occur within 90 days of the last date materials were furnished. Filing with the clerk of court is the mandatory statutory step — without it, lien rights are permanently lost.
Why the Other Options Are Wrong
Option B: Send a demand letter
Option B is incorrect. Sending a demand letter is a prudent business practice and may be a useful precursor to legal action, but it does not preserve lien rights under SC mechanics lien law. The statute requires a formal court filing, not a letter to the contractor.
Option C: File suit immediately
Option C is incorrect. Filing a lawsuit immediately is not the required step to preserve lien rights. Under SC law, after filing the lien notice with the clerk of court, the supplier has additional time to file suit to enforce the lien. Jumping directly to suit without first filing the lien notice skips the required preservation step.
Option D: Report to the contractor licensing board
Option D is incorrect. Reporting to the contractor licensing board is a regulatory complaint mechanism for license violations — it does not preserve mechanics lien rights and provides no civil remedy for unpaid materials. Lien rights are a statutory civil remedy governed by separate mechanics lien statutes.
Memory Technique
Think of mechanics liens as a two-step process: 'Notice → Lawsuit.' Step 1 is always the clerk of court notice — this is the preservation step. Without Step 1, there is no Step 2. The 90-day deadline to file notice is the critical clock to track from the last date materials were furnished to the job site.
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