Bill 3817

                    Current Status

Bill Number:               3817
Ratification Number:       413
Act Number                 374
Introducing Body:          House
Subject:                   Coverage of the laborer and
                           materialman's lien

(A374, R413, H3817)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIALMAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE; AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING OR STRUCTURE AND TO PROVIDE THAT THE LIEN FOR MATERIALS INCLUDES FLOORING, FLOOR COVERINGS, AND WALL COVERINGS.

Be it enacted by the General Assembly of the State of South Carolina:

Lien extended

SECTION 1. Chapter 5, Title 29 of the 1976 Code is amended by adding:

"Section 29-5-22. A person who supplies tools, appliances, machinery, or equipment used as provided in Section 29-5-10(a) is considered to have furnished material for the improvement of real estate within the meaning of Sections 29-5-20 and 29-5-40 to the extent of the reasonable rental value of the tools, appliances, machinery, or equipment for the period of actual use."

Lien extended

SECTION 2. Section 29-5-10(a) of the 1976 Code is amended to read:

"(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. 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."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 19th day of March, 1990.