Chicago Title Insurance Company, NCS

– 47 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM One who is owed a debt for labor or materials actually used in the erection, alteration, or repair of a building or structure upon real estate pursuant to an agreement or consent of the owner. Includes architects, engineers, and surveyors. SC CODE § 29-5-10 DEADLINE TO PERFECT A statement of amount due must be filed within 90 days after last performing work or furnishing materials. SC CODE § 29-5-90 BROKEN PRIORITY Lien is effective as of the filing of notice pursuant to SC CODE § 29-5-90 . Mortgages and interests recorded before notice of lien will have priority irrespective of commencement date. NOTE: If mortgage contains a future advance clause, the lien is superior to mortgage disbursements made after the filing of lien and service of notice to mortgage holder pursuant to Rule 4 of the SC Rules of Civil Procedure. SC CODE § 29-5-70 SC CODE § 29-5-320 SC CODE § 29-3-50 DURATION OF LIEN Action to enforce must be brought within 6 months after lien claimant ceases labor or furnishes material. SC CODE § 29-5-120 CONTENTS OF LIEN (1) Sworn statement; (2) true account of amount due with credits applied; (3) description of property sufficient to ID; and (4) owner’s name, if known. Strict compliance required. Incorrect statements will not invalidate if essential information is accurate. Minor errors will be fine unless it appears claimant has willfully and knowingly made misstatement. Williams v. Vanvolkenburg, 440 S.E.2d 408, 410, 312 S.C. 373, 376 (S.C.App.,1994) SC CODE § 29-5-90 NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN SOUTH CAROLINA SOUTH CAROLINA