A material supplier delivers $25,000 worth of lumber to a construction project but is not paid. Under South Carolina mechanics lien law, when must the supplier file their lien notice?
Correct Answer
A) Within 90 days of last delivery
South Carolina mechanics lien law requires material suppliers to file lien notices within 90 days of their last delivery to the project.
Why This Is the Correct Answer
Option A (Within 90 days of last delivery) is correct. South Carolina's mechanics lien statute requires material suppliers to file their lien notice within 90 days of the last date they furnished materials to the project. Missing this deadline permanently bars the lien claim.
Why the Other Options Are Wrong
Option B: Within 30 days of last delivery
Option B (Within 30 days of last delivery) is incorrect. A 30-day window is too short and does not match South Carolina's statutory deadline. Some states use 30-day preliminary notice requirements, which may cause confusion, but SC's lien filing deadline for suppliers is 90 days.
Option C: Within 60 days of last delivery
Option C (Within 60 days of last delivery) is incorrect. Sixty days is a common deadline in other states and for other types of notices, but South Carolina's mechanics lien law specifically sets 90 days for material suppliers to file.
Option D: Within 120 days of last delivery
Option D (Within 120 days of last delivery) is incorrect. While 120 days might seem like a more generous window, SC law does not allow that much time. Missing the 90-day deadline by waiting 120 days would result in losing lien rights entirely.
Memory Technique
South Carolina supplier lien = '90 days from last delivery.' Remember: 90 = 3 months. Think of it as having one full quarter after your last truck pulled away from the site to file your lien.
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