Lien Law Online eLert for 2/10/2011 - South Carolina

February 10, 2011

If you recall, South Carolina enacted recent changes to its Mechanic’s Lien statute to protect landscapers, where the value of the work exceeds five thousand dollars ($5,000) and the work was performed pursuant to a written agreement with the owner. The statute defines “landscaping service” fairly broadly, to include land clearing work, and states that the work need not be related to the actual construction or repair of a structure in order to be covered by the statute. South Carolina’s Supreme Court has now decided on a case involving landscaping services performed prior to the effective date of this new statute (S.C. Code §29-5-26), and South Carolina recognizes the existence of a mechanic’s lien for landscape and irrigation installation performed without a written agreement as well. Earthscapes Unlimited, Inc. v. Ulbrich, 703 S.E.2d 221 (S.C. 2010)

C. Allen Gibson, Jr., Esquire (Contributing Author)
James E. Weatherholtz, Esquire (Contributing Author)
Buist, Moore, Smythe & McGee, P.A.