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How long can mechanic's lien stay on property? Can the owner force us to release it?

I just have a general question about the mechanic's lien. We filed a lien on commercial property owned by a large national company. We are a supplier and our customer was paid in full but never paid us yet since he is having financial issues By the way all of this happened in South Carolina. We do know that by SC laws the owner is not obligated to pay twice for something they already paid a contractor for and I am wondering if they can force us in any way legally to release our mechanic's lien or can the lien stay on the property until we are paid in full? Our management doesn't want to release the lien until we are paid in full. I have a feeling that this will drag out and I am wondering legally what can be done or if we can be forced by their legal to release the lien. We never had this happen before. Please let me know.

1 reply

Apr 30, 2020

As you mentioned above, South Carolina is generally considered an unpaid balance state. Meaning, an owner can't be forced to pay a subcontractor or supplier's lien if the owner's already paid the GC. As a result, if the owner ends up challenging the lien claim - like via legal action - then the claimant can be forced to remove their lien from the property. But, it's certainly possible that a lien claim could lead to payment, even if there's a flaw with the lien claim. Plus, most mechanics lien disputes are resolved before legal action becomes necessary. And, even if the owner does challenge the lien claim, the claimant will typically have the opportunity to release their claim before being roped into litigation.

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