A subcontractor wants to file a mechanics lien but never had direct contact with the property owner. What must they do first under South Carolina law?
Correct Answer
D) Send preliminary notice to the owner
South Carolina requires subcontractors without direct contracts with owners to send preliminary notice before filing a mechanics lien.
Why This Is the Correct Answer
Under South Carolina's Mechanics' Lien Law (S.C. Code § 29-5-20), subcontractors who lack a direct contract with the property owner must send a preliminary notice — sometimes called a 'Notice of Furnishing' — to the owner before lien rights fully attach. This preliminary notice ensures the owner is aware of who is working on the project and protects the sub's right to later file a lien.
Why the Other Options Are Wrong
Option A: Wait 30 days after completion
Waiting 30 days after completion is not a prerequisite for filing; it is a deadline framework that applies to WHEN a lien must be filed, not a mandatory waiting period before sending preliminary notice. Confusing deadlines with prerequisites is a common error.
Option B: File the lien immediately
Filing the lien immediately, without preliminary notice, would likely render the lien defective or unenforceable. South Carolina law requires the procedural step of preliminary notice first for those without direct owner contracts.
Option C: Obtain permission from the general contractor
General contractor permission is not required by statute to file a mechanics lien. Lien rights are a legal remedy available independently; requiring GC permission would give the GC power to block subcontractor rights, which the law does not allow.
Memory Technique
Before you can LIEN, you must be SEEN — the owner must receive preliminary notice before a subcontractor with no direct contract can assert lien rights.
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