A subcontractor provided preliminary notice but the property owner never received it due to incorrect mailing address. The subcontractor used the address from public records. Is their lien right preserved?
Correct Answer
C) Yes, if they used reasonable efforts to obtain correct address
South Carolina courts generally uphold lien rights if the contractor made reasonable efforts to provide proper notice, even if not actually received.
Why This Is the Correct Answer
South Carolina courts apply a 'reasonable efforts' standard for preliminary notice. Using the address on file in public records constitutes a reasonable, good-faith effort to notify. Actual receipt is not required when the sending party acted reasonably.
Why the Other Options Are Wrong
Option A: Yes, public record address is sufficient
While public records alone may support the lien, this option is incomplete because it implies any public-record address is categorically sufficient without regard to reasonableness — a broader standard than courts apply.
Option B: No, actual notice to owner is required
Actual notice to the owner is not required by SC law. Requiring actual receipt would make lien rights hostage to circumstances beyond the contractor's control, which courts have rejected.
Option D: No, certified mail delivery is mandatory
Certified mail is not the only permissible delivery method under SC law. Requiring certified mail delivery confirmation as a condition of lien preservation is a stricter rule than the statute imposes.
Memory Technique
Think 'reasonable effort = preserved right.' If you tried your best using official sources (public records), the law protects you. The lien law rewards diligence, not perfection.
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