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Current Status Bill Number:View additional legislative information at the LPITS web site.3329 Ratification Number:151 Act Number:83 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990121 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:l:\council\bills\pt\1165som99.doc Date Bill Passed both Bodies:19990527 Date of Last Amendment:19990525 Governor's Action:S Date of Governor's Action:19990611 Subject:Mechanics' liens, prevailing party redefined, value of counterclaim; Attorneys, fees; Property, Businesses History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A83 ------ 19990611 Signed by Governor ------ 19990609 Ratified R151 House 19990527 Concurred in Senate amendment, enrolled for ratification Senate 19990525 Amended, read third time, returned to House with amendment Senate 19990513 Read second time, notice of general amendments Senate 19990512 Recalled from Committee, 02 SBI placed on the Calendar Senate 19990304 Introduced, read first time, 02 SBI referred to Committee House 19990304 Read third time, sent to Senate House 19990303 Read second time House 19990302 Debate adjourned until Wednesday, 19990303 House 19990224 Committee report: Favorable 25 HJ House 19990121 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on February 24, 1999 - Word format Revised on May 12, 1999 - Word format Revised on May 25, 1999 - Word format Revised on May 26, 1999 - Word format
(A83, R151, H3329)
AN ACT TO AMEND SECTION 29-5-10 AND SECTION 29-5-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SETTLEMENT OF ACTIONS TO ENFORCE MECHANIC'S LIENS AND THE AWARD OF ATTORNEY'S FEES TO THE PREVAILING PARTY, SO AS TO FURTHER DEFINE THE TERM "PREVAILING PARTY", TO PROVIDE THAT THE VALUE OF A DEFENDANT'S COUNTERCLAIM IS CONSIDERED A NEGATIVE OFFER OF SETTLEMENT IF THE DEFENDANT DOES NOT MAKE A WRITTEN OFFER OF SETTLEMENT, AND TO PROVIDE TIME FRAMES FOR MAKING OFFERS OF SETTLEMENT OR AMENDED OFFERS IF THE ACTION IS CARRIED OVER TO A SUBSEQUENT TERM OF COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Settlement of action to enforce mechanic's lien; time frame for subsequent term of court; attorney's fees; prevailing party; value of counterclaim
SECTION 1. Section 29-5-10(b) of the 1976 Code is amended to read:
"(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."
Settlement of action to enforce mechanic's lien; time frame for subsequent term of court; attorney's fees; prevailing party; value of counterclaim
SECTION 2. Section 29-5-20(C) of the 1976 Code, as amended by Act 368 of 1992, is further amended to read:
"(C) 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 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 or amended 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 of settlement 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."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 9th day of June, 1999.
Approved the 11th day of June, 1999.
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