South Carolina’s Lien Law Provisions Upheld

In its decision to dismiss the findings of a lower court in a recent mechanics’ lien case filed by an architect against his client for non-payment of architectural fees, the SC Supreme Court upheld an important provision of the SC mechanics’ lien law.

The client’s attorneys had argued that “construction administration does not constitute an architect’s labor” under the lien law, and therefore since the architect filed the lien within 90 days of CA and not within 90 days of completing construction documents, the architect was not entitled to place a lien on the client’s property.

Needless to say AIASC found this argument troubling, and prepared an amicus brief defining an architect’s “labor” to include contract (construction) administration per South Carolina law, and regulations of the South Carolina Board of Architectural Examiners.  So we were pleased to learn just this week of the Supreme Court’s decision and its reinforcement of our practice act.

Many thanks go to Miles Glick, AIA, 1993 AIASC President, for bringing this very important case to our attention, and to Lawrence Melton and Brian Autry, attorneys at Nexsen Pruet, for preparing the amicus brief on our behalf.

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