(a) A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of wells, by virtue of an agreement with, or by consent of, the owner of the building or structure, or a person having authority from, or rightfully acting for, the owner in procuring or furnishing the labor or materials shall have a lien upon the building or structure and upon the interest of the owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt due to him. The costs which may arise in enforcing or defending against the lien under this chapter, including a reasonable attorney's fee, may be recovered by the prevailing party. The fee must be determined by the court in which the action is brought but the fee and the court costs may not exceed the amount of the lien. As used in this section, labor performed or furnished in the erection, alteration, or repair of any building or structure upon any real estate includes the preparation of plans, specifications, and design drawings and the work of making the real estate suitable as a site for the building or structure. The work is considered to include, but not be limited to, the grading, bulldozing, leveling, excavating, and filling of land (including the furnishing of fill soil), the grading and paving of curbs and sidewalks and all asphalt paving, the construction of ditches and other drainage facilities, and the laying of pipes and conduits for water, gas, electric, sewage, and drainage purposes, and the disposal of any construction and demolition debris, as defined in Section 44-96-40(6), including final disposal by a construction and demolition landfill. Any private security guard services provided by any person at the site of the building or structure during its erection, alteration, or repair is considered to be labor performed or furnished within the meaning of this section. As used in this section, materials furnished and actually used include tools, appliances, machinery, or equipment supplied for use on the building or structure to the extent of their reasonable rental value during their actual use. "Person" as used in this section means any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other entity. For purposes of this section, the term "materials" includes flooring, floor coverings, and wall coverings.
(b) Not less than fifteen days before the first term of court at which the trial is set, either party may file and serve on the other party an offer of settlement, and within ten days thereafter the party served may respond by filing and serving his offer of settlement. The offer shall state that it is made under this section and specify the amount, exclusive of interest and costs, which the party serving the offer is willing to agree constitutes a settlement of the lien. If the action is not reached for trial, then not less than fifteen days before the next term of court and subsequent terms of court at which the trial is set, either party may file and serve on the other party an offer of settlement or an amendment of a prior offer of settlement and, within ten days after that, the party served may respond by filing and serving his offer or amended offer of settlement. The offer or amended offer supersedes any offer previously made under this section by the same party.
An offer of settlement is considered rejected unless an acceptance in writing is filed and served on the party making the offer, five days before the commencement of the term.
If the offer is rejected, it may not be referred to for any purpose at the trial, but may be considered solely for the purpose of awarding costs and litigation expenses under this section.
For purposes of the award of attorney's fees, the determination of the prevailing party is based on one verdict in the action. One verdict assumes some entitlement to the mechanic's lien and the consideration of compulsory counterclaims. The party whose offer is closer to the verdict reached is considered the prevailing party in the action. If the difference between both offers and the verdict is equal, neither party is considered to be the prevailing party for purposes of determining the award of costs and attorney's fees.
If the plaintiff makes no written offer of settlement, the amount prayed for in his complaint is considered to be his final offer of settlement.
If the defendant makes no written offer of settlement, the value of his counterclaim is considered to be his negative offer of settlement. If the defendant has not asserted a counterclaim, his offer of settlement is considered to be zero.
HISTORY: 1962 Code Section 45-251; 1952 Code Section 45-251; 1942 Code Section 8727; 1932 Code Section 8727; Civ. C. '22 Section 5639; Civ. C. '12 Section 4113; Civ. C. '02 Section 3008; G.S. 2350; R. S. 2456; 1816 (6) 32; 1869 (14) 220; 1922 (32) 944; 1973 (58) 80; 1974 (58) 2183; 1976 Act No. 524, Section 1; 1986 Act No. 408, Section 1; 1990 Act No. 374, Section 2; 1999 Act No. 83, Section 1; 2003 Act No. 51, Section 22.
Structure South Carolina Code of Laws
Title 29 - Mortgages and Other Liens
Section 29-5-15. Filing requirements; penalty for frivolous lien.
Section 29-5-22. Reasonable rental value of tools, appliances, machinery, and equipment.
Section 29-5-23. Notice of Project Commencement; location notice; failure to file notice.
Section 29-5-25. Private security guard services at site of real estate improvement.
Section 29-5-26. Landscape services.
Section 29-5-27. Laborer and person defined.
Section 29-5-30. Lien against debtor with life estate or whose estate is less than fee simple.
Section 29-5-50. Lienor's preference over contractor.
Section 29-5-60. Proration of payments among lienors.
Section 29-5-70. Force of lien against existing recorded mortgage.
Section 29-5-80. Notice of nonresponsibility by owner of building or structure.
Section 29-5-90. Dissolution of lien for failure to serve and file statement; contents of statement.
Section 29-5-100. Proceedings not invalidated by inaccuracy of statement of account.
Section 29-5-110. Release of lien upon filing written undertaking and security.
Section 29-5-120. Time for bringing suit to enforce lien; dissolution and release of lien.
Section 29-5-130. Enforcement of certain liens before magistrate's court.
Section 29-5-140. Enforcement of lien by petition to court of common pleas.
Section 29-5-150. Service of petition.
Section 29-5-160. Contents of petition.
Section 29-5-170. Petition filed by multiple lienors.
Section 29-5-180. Amendments of pleadings.
Section 29-5-190. Notice to owner and other creditors.
Section 29-5-200. Notice by publication or other than personal service.
Section 29-5-210. Further notice of suit.
Section 29-5-220. Hearing on claims of lienors.
Section 29-5-230. Questions for jury.
Section 29-5-240. Determination of claims due but not yet payable.
Section 29-5-250. Recovery for part performance.
Section 29-5-260. Sale of premises if lien established.
Section 29-5-270. Sale of part of property.
Section 29-5-280. Notice of sale.
Section 29-5-290. Distribution of proceeds of sale.
Section 29-5-300. Distribution of proceeds by court.
Section 29-5-310. Distribution of surplus.
Section 29-5-320. Prior attaching creditor is preferred.
Section 29-5-330. Distribution of proceeds where there is attaching creditor.
Section 29-5-340. Subsequent attachments.
Section 29-5-350. Attachments intervening between two liens.
Section 29-5-360. Rights of creditors among themselves.
Section 29-5-380. Executor or administrator may enforce creditor's lien.
Section 29-5-390. Suits begun by one creditor may be prosecuted by another.
Section 29-5-400. Allowance of claim and costs of petitioning creditor.
Section 29-5-420. Civil action not barred.