A subcontractor installed $18,500 worth of electrical work and filed a mechanics lien 95 days after completion. The general contractor claims the lien is invalid. Is this correct?
Correct Answer
C) No, subcontractors have 120 days to file
In South Carolina, subcontractors have 120 days from completion to file a mechanics lien, so 95 days is within the allowed timeframe.
Why This Is the Correct Answer
Option C is correct. In South Carolina, subcontractors have 120 days from the date of last furnishing labor or materials to file a mechanics lien. Filing at 95 days falls well within this 120-day window, making the lien valid. The general contractor's claim that the lien is invalid is incorrect.
Why the Other Options Are Wrong
Option A: No, there is no time limit for subcontractor liens
Incorrect. While the lien is indeed valid (making the 'No' part correct), there is a time limit for subcontractor liens in South Carolina — 120 days. This answer is wrong because it incorrectly states there is no time limit at all, which is factually inaccurate.
Option B: Yes, liens must be filed within 90 days
Incorrect. South Carolina does not impose a 90-day deadline for subcontractor mechanics liens. The actual deadline is 120 days. A 90-day rule exists in some other states but not South Carolina, making this a classic exam distractor.
Option D: Yes, liens must be filed within 60 days
Incorrect. South Carolina does not impose a 60-day deadline for subcontractor mechanics liens. A 60-day period may apply to preliminary notice requirements in some states, but it is not the lien filing deadline in South Carolina.
Memory Technique
South Carolina = 120 days for subcontractor liens. Remember: SC = 'Sixty plus Sixty' = 120. Or think: South Carolina gives you four months (roughly 120 days) to file your lien — more time than most states.
More South Carolina Questions
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