S*580 Session 106 (1985-1986)
S*0580(Rat #0451, Act #0408 of 1986) General Bill, By Wilson
Similar(H 3492)
A Bill to amend Section 29-5-10, as amended, Code of Laws of South Carolina,
1976, relating to mechanics' liens, so as to include plan preparation,
specifications, and design drawings within the definition of "labor performed"
under this Section and to provide that the prevailing party in an action to
enforce the lien may recover costs and attorneys' fees and to provide a
procedure for settling claims and determining who is the prevailing party; to
amend Section 29-5-20, relating to mechanics' and other materialmen's liens,
so as to provide that the prevailing party in an action to enforce the lien
may recover costs and attorneys' fees and to provide a procedure for settling
claims and determining who is the prevailing party.-amended title
04/25/85 Senate Introduced and read first time SJ-1763
04/25/85 Senate Referred to Committee on Judiciary SJ-1763
02/05/86 Senate Committee report: Favorable Judiciary SJ-453
02/06/86 Senate Amended
02/06/86 Senate Read second time
02/12/86 Senate Read third time and sent to House SJ-555
02/12/86 House Introduced and read first time HJ-637
02/12/86 House Referred to Committee on Judiciary HJ-637
04/17/86 House Committee report: Favorable with amendment
Judiciary HJ-2432
04/24/86 House Amended HJ-2590
04/24/86 House Read second time HJ-2591
04/25/86 House Read third time HJ-2624
04/25/86 House Returned HJ-2624
04/29/86 Senate Concurred in House amendment and enrolled SJ-2352
05/07/86 Ratified R 451
05/12/86 Signed By Governor
05/12/86 Effective date 05/12/86
05/12/86 Act No. 408
05/20/86 Copies available
(A408, R451, S580)
AN ACT AMEND SECTION 29-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO MECHANICS' LIENS, SO AS TO INCLUDE PLAN PREPARATION, SPECIFICATIONS,
AND DESIGN DRAWINGS WITHIN THE DEFINITION OF "LABOR PERFORMED" UNDER
THIS SECTION AND TO PROVIDE THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE
LIEN MAY RECOVER COSTS AND ATTORNEYS' FEES AND TO PROVIDE A PROCEDURE FOR
SETTLING CLAIMS AND DETERMINING WHO IS THE PREVAILING PARTY; TO AMEND SECTION
29-5-20, RELATING TO MECHANICS' AND OTHER MATERIALMEN'S LIENS, SO AS TO PROVIDE
THAT THE PREVAILING PARTY IN AN ACTION TO ENFORCE THE LIEN MAY RECOVER COSTS AND
ATTORNEYS' FEES AND TO PROVIDE A PROCEDURE FOR SETTLING CLAIMS AND DETERMINING
WHO IS THE PREVAILING PARTY.
Be it enacted by the General Assembly of the State of South Carolina:
Lien
SECTION 1. Section 29-5-10 of the 1976 Code, as last amended by Act 524 of 1976,
is further amended to read:
"Section 29-5-10. (a) Any 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 any building or structure upon any 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 any 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 thereof 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. 'Person' as used in this section
means any individual, corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, or other entity.
(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.
The 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.
If a written offer of settlement is made by both parties, 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 for purposes
of this section.
If the defendant makes no written offer of settlement, his offer of settlement
is considered to be zero."
Lien
SECTION 2. Section 29-5-20 of the 1976 Code is amended to read:
"Section 29-5-20. (a) Every laborer, mechanic, subcontractor, or person
furnishing material for the improvement of real estate when the improvement has
been authorized by the owner has a lien thereon, subject to existing liens of
which he has actual or constructive notice, to the value of the labor or material
so furnished, including the costs of the action and a reasonable attorney's fee
which must be determined by the court in which the action is brought but only if
the party seeking to enforce the lien prevails. If the party defending against
the lien prevails, the defending party must be awarded costs of the action and
a reasonable attorney's fee as determined by the court. The fee and the court
costs may not exceed the amount of the lien. The lien may be enforced as herein
provided.
(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.
The 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.
If a written offer of settlement is made by both parties, 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 for purposes
of this section.
If the defendant makes no written offer of settlement, his offer of settlement
is considered to be zero."
Time effective
SECTION 3. This act shall take effect upon approval by the Governor. |