Under South Carolina mechanics lien law, who has lien priority on a construction project?
Correct Answer
C) All liens have equal priority from project start date
In South Carolina, all mechanics liens have equal priority dating back to the commencement of the project, regardless of filing order.
Why This Is the Correct Answer
All mechanics liens have equal priority dating back to the commencement of the project is the correct answer under SC law. South Carolina follows the 'relation-back' doctrine: all properly filed mechanics liens on a project are treated as if they were filed on the date the project commenced, regardless of who files first or when their work was performed. This means all lienholders share equal priority among themselves.
Why the Other Options Are Wrong
Option A: Materialmen have priority over laborers
Materialmen do not have priority over laborers in South Carolina. The equal-priority, relation-back system treats all categories of lienholders — laborers, materialmen, subcontractors, and general contractors — equally. Giving one category priority over another describes the law in some other states, not SC.
Option B: General contractor always has priority
The general contractor does not automatically have priority over subcontractors or materialmen in SC. All liens on the same project share equal priority under the relation-back doctrine. The GC's lien does not rank ahead of those filed by subs or suppliers.
Option D: First to file the lien
'First to file' priority (race-notice) is the rule for mortgage recording and some UCC secured transactions, not for SC mechanics liens. The relation-back doctrine expressly overrides filing order, making all qualified liens equal from the project start date.
Memory Technique
Think 'SC lien priority = team sport': everyone on the project team (laborers, subs, suppliers, GC) starts at the same starting line — the project commencement date. There is no race to file; they all finish at the same priority level.
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