reglab/housing_qa huggingface dataset:
SC Code § 29-5-300 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-300. Distribution of proceeds by court.

 If all the claims are not ascertained when the sale is ordered or if for any other reason the court finds it necessary or proper to postpone the order of distribution, it may direct the officer to bring the proceeds of the sale into court, there to be disposed of according to the decree of the court, and if, by reason of the claims of attaching creditors or for any other cause, the whole cannot be conveniently distributed at once the court may make two or more successive orders of distribution, as the circumstances may require.  HISTORY: 1962 Code Section 45-280; 1952 Code Section 45-280; 1942 Code Section 8755; 1932 Code Section 8755; Civ. C. '22 Section 5667; Civ. C. '12 Section 4137; Civ. C. '02 Section 3032; G. S. 2374; R. S. 2489; 1869 (14) 222.
SC Code § 29-5-310 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-310. Distribution of surplus.

 If there remain any surplus of the proceeds of the sale, after making all the payments before mentioned, it shall be forthwith paid over to the owner of the property, but such surplus, before it is so paid over, shall be liable to be attached or taken on execution in like manner as if it proceeded from a sale made by the officer on an execution.  HISTORY: 1962 Code Section 45-281; 1952 Code Section 45-281; 1942 Code Section 8756; 1932 Code Section 8756; Civ. C. '22 Section 5668; Civ. C. '12 Section 4138; Civ. C. '02 Section 3033; G. S. 2375; R. S. 2490; 1869 (14) 222.
SC Code § 29-5-320 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-320. Prior attaching creditor is preferred.

 If the interest of the owner in the building, structure or land is under attachment at the time of filing and recording the statement of the account, the attaching creditor shall be preferred to the extent of the value of the buildings and land as they were when the statement was recorded and the court shall ascertain, by a jury or otherwise as the case may require, what proportion of the proceeds of the sale shall be held subject to the attachment as derived from the value of the property when the statement was recorded.  HISTORY: 1962 Code Section 45-282; 1952 Code Section 45-282; 1942 Code Section 8757; 1932 Code Section 8757; Civ. C. '22 Section 5669; Civ. C. '12 Section 4139; Civ. C. '02 Section 3034; G. S. 2376; R. S. 2491; 1869 (14) 223.
SC Code § 29-5-330 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-330. Distribution of proceeds where there is attaching creditor.

 If the attaching creditor recovers judgment he shall be entitled to receive on his execution the proportion of the proceeds held subject to his attachment, or so much thereof as may be necessary to satisfy his execution, and the residue of the proceeds shall be applied in the same manner as if there had been no such attachment.  HISTORY: 1962 Code Section 45-283; 1952 Code Section 45-283; 1942 Code Section 8758; 1932 Code Section 8758; Civ. C. '22 Section 5670; Civ. C. '12 Section 4140; Civ. C. '02 Section 3035; G. S. 2377; R. S. 2492; 1869 (14) 223.
SC Code § 29-5-340 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-340. Subsequent attachments.

 If the interest of the owner of the property is attached after the recording of the statement, the proceeds, after discharging all prior liens and claims, shall be applied to satisfy the execution of such attaching creditor.  HISTORY: 1962 Code Section 45-284; 1952 Code Section 45-284; 1942 Code Section 8759; 1932 Code Section 8759; Civ. C. '22 Section 5671; Civ. C. '12 Section 4141; Civ. C. '02 Section 3036; G. S. 2378; R. S. 2493; 1869 (14) 223.
SC Code § 29-5-350 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-350. Attachments intervening between two liens.

 If an attachment is made after the recording of such statement and if, after the attachment, another like statement is recorded, the creditor in the latter statement shall be entitled to be paid only out of the residue of the proceeds remaining after paying all that is due on the demand a statement of which was recorded before the attachment and satisfying the attaching creditor.  HISTORY: 1962 Code Section 45-285; 1952 Code Section 45-285; 1942 Code Section 8760; 1932 Code Section 8760; Civ. C. '22 Section 5672; Civ. C. '12 Section 4142; Civ. C. '02 Section 3037; G. S. 2379; R. S. 2494; 1869 (14) 223.
SC Code § 29-5-360 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-360. Rights of creditors among themselves.

 When there are several attaching creditors, they shall, as between themselves, be entitled to be paid according to the order of their attachments. But when several creditors who are entitled to the lien provided for in this chapter have equal rights as between themselves and the fund is insufficient to pay the whole, they shall share it equally in proportion to their respective debts.  HISTORY: 1962 Code Section 45-286; 1952 Code Section 45-286; 1942 Code Section 8761; 1932 Code Section 8761; Civ. C. '22 Section 5673; Civ. C. '12 Section 4143; Civ. C. '02 Section 3038; G. S. 2380; R. S. 2495; 1869 (14) 223.
SC Code § 29-5-370 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-370. Persons against whom lien may be enforced when debtor dies or conveys his interest.

 If the person indebted dies or conveys away his estate or interest before the commencement of a suit on the contract, the suit may be commenced and prosecuted against his heirs or whoever holds the estate or interest which he had in the premises at the time the labor or materials were performed or furnished. Or, if a suit is commenced in his lifetime, it may be prosecuted against his executors, administrators, heirs or assigns in like manner as if the estate or interest had been mortgaged to secure the debt.  HISTORY: 1962 Code Section 45-287; 1952 Code Section 45-287; 1942 Code Section 8763; 1932 Code Section 8763; Civ. C. '22 Section 5675; Civ. C. '12 Section 4145; Civ. C. '02 Section 3040; G. S. 2382; R. S. 2497; 1869 (14) 223.
SC Code § 29-5-380 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-380. Executor or administrator may enforce creditor's lien.

 If a creditor dies before the commencement of the suit, the suit may be commenced and prosecuted by his executor or administrator or, if commenced in his lifetime, it may be prosecuted by them as it might have been by the deceased, if living.  HISTORY: 1962 Code Section 45-288; 1952 Code Section 45-288; 1942 Code Section 8764; 1932 Code Section 8764; Civ. C. '22 Section 5676; Civ. C. '12 Section 4146; Civ. C. '02 Section 3041; G. S. 2383; R. S. 2498; 1869 (14) 223.
SC Code § 29-5-390 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-390. Suits begun by one creditor may be prosecuted by another.

 If it appears in any stage of the proceedings that the suit was commenced by the petitioning creditor before his right of action accrued or after it was barred or if he becomes nonsuited or fails to establish his claims the suit may be prosecuted by any other creditor having such lien in the same manner as if it had been originally commenced by him, if the circumstances of the case are such that he might then or at any time after the commencement of the original suit have commenced a like suit on his own claim.  HISTORY: 1962 Code Section 45-289; 1952 Code Section 45-289; 1942 Code Section 8765; 1932 Code Section 8765; Civ. C. '22 Section 5677; Civ. C. '12 Section 4147; Civ. C. '02 Section 3042; G. S. 2384; R. S. 2499; 1869 (14) 223.
SC Code § 29-5-400 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-400. Allowance of claim and costs of petitioning creditor.

 If the suit is commenced by the petitioning creditor before his right of action accrues, his claim may nevertheless be allowed if the suit is carried on by any other creditor, as provided in Section 29-5-390, but he shall not in such case be entitled to costs and he may be required to pay the costs incurred by the debtor or such part thereof as the court may deem reasonable.  HISTORY: 1962 Code Section 45-290; 1952 Code Section 45-290; 1942 Code Section 8766; 1932 Code Section 8766; Civ. C. '22 Section 5678; Civ. C. '12 Section 4148; Civ. C. '02 Section 3043; G. S. 2385; R. S. 2500; 1869 (14) 224.
SC Code § 29-5-410 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-410. Costs.

 The costs, in all other respects, shall be subject to the discretion of the court and shall be paid from the proceeds of the sale or by any of the parties to the suit, as justice and equity require.  HISTORY: 1962 Code Section 45-291; 1952 Code Section 45-291; 1942 Code Section 8767; 1932 Code Section 8767; Civ. C. '22 Section 5679; Civ. C. '12 Section 4149; Civ. C. '02 Section 3044; G. S. 2386; R. S. 2501; 1869 (14) 224.
SC Code § 29-5-420 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-420. Civil action not barred.

 Nothing contained in this chapter shall be construed to prevent a creditor in such contract from maintaining an action thereon in like manner as if he had no such lien for the security of his debt.  HISTORY: 1962 Code Section 45-292; 1952 Code Section 45-292; 1942 Code Section 8768; 1932 Code Section 8768; Civ. C. '22 Section 5680; Civ. C. '12 Section 4150; Civ. C. '02 Section 3045; G. S. 2387; R. S. 2502; 1869 (14) 224.
SC Code § 29-5-430 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 5 - Mechanics' Liens|Section 29-5-430. Recording discharge or release of lien.

 When a debt secured by such a lien is fully paid, the creditor, at the expense of the debtor, shall enter on the margin of the registry where the statement is recorded a discharge of his lien or shall execute a release thereof, which may be recorded where the statement is recorded.  HISTORY: 1962 Code Section 45-293; 1952 Code Section 45-293; 1942 Code Section 8769; 1932 Code Section 8769; Civ. C. '22 Section 5681; Civ. C. '12 Section 4151; Civ. C. '02 Section 3046; G. S. 2388; R. S. 2503; 1869 (14) 224.
SC Code § 29-6-10 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-10. Definitions.

 Unless the context otherwise requires in this chapter:  (1) "Contractor" means a person who contracts with an owner to improve real property or perform construction services for an owner.  (2) "Improve" means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill, or landscape any real property, or to construct driveways and roadways, or to furnish materials, including trees and shrubbery, for any of these purposes, or to perform any labor upon these improvements, and also means and includes any design or other professional or skilled services furnished by architects, engineers, land surveyors, and landscape architects.  (3) "Improvement" means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways on real property.  (4) "Owner" means a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made. "Owner" includes any state, local, or municipal government agencies, instrumentalities, or entities.  (5) "Real property" means the real estate that is improved, including lands, leaseholds, tenements, and hereditaments, and improvements placed on the real property.  (6) "Subcontractor" means any person who has contracted to furnish labor or materials to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property.  HISTORY: 1990 Act No. 426, Section 1.
SC Code § 29-6-20 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-20. Right of contractor and subcontractor to payment.

 Performance by a contractor or subcontractor in accordance with the provisions of his contract entitles him to payment from the party with whom he contracts.  HISTORY: 1990 Act No. 426, Section 1.
SC Code § 29-6-30 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-30. Time and manner of making payment to contractors and subcontractors.

 When a contractor or a subcontractor has performed in accordance with the provisions of his contract, the owner shall pay the contractor by mailing via first class mail or delivering the undisputed amount of any pay request within twenty-one days of receipt by the owner of any pay request based upon work completed or service provided under the contract, and the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, by mailing via first class mail or delivering the full amount received for that subcontractor's work and materials based on work completed or service provided under the subcontract.  HISTORY: 1990 Act No. 426, Section 1.
SC Code § 29-6-40 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-40. Grounds on which owner, contractor, or subcontractor may withhold application and certification for payment; contract terms unaffected.

 Nothing in this chapter prevents the owner, the contractor, or a subcontractor from withholding application and certification for payment because of the following: unsatisfactory job progress, defective construction not remedied, disputed work, third party claims filed or reasonable evidence that claim will be filed, failure of contractor or subcontractor to make timely payments for labor, equipment, and materials, damage to owner, contractor, or another subcontractor, reasonable evidence that contract or subcontract cannot be completed for the unpaid balance of the contract or subcontract sum, or a reasonable amount for retainage.  Nothing in this chapter requires that payments due a contractor from an owner be paid any more frequently than as set forth in the construction documents, nor shall anything in this chapter affect the terms of any agreement between the owner and any lender.  HISTORY: 1990 Act No. 426, Section 1.
SC Code § 29-6-50 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-50. Interest on late payments; specific waiver of requirements of sections 29-6-30 and 29-6-50.

 If a periodic or final payment to a contractor is delayed by more than twenty-one days or if a periodic or final payment to a subcontractor is delayed by more than seven days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor shall pay his contractor or subcontractor interest, beginning on the due date, at the rate of one percent a month or a pro rata fraction thereof on the unpaid balance as may be due. However, no interest is due unless the person being charged interest has been notified of the provisions of this section at the time request for payment is made. Nothing in this chapter shall prohibit owners, contractors, and subcontractors, on private construction projects only, from agreeing by contract to rates of interest and payment periods different from those stipulated in this section, and in this event, these contractual provisions shall control, provided the requirements of Section 29-6-30 and this section are specifically waived, by section number, in conspicuous bold-faced or underlined type. In case of a wilful breach of the contract provisions as to time of payment, the interest rate specified in this section shall apply.  HISTORY: 1990 Act No. 426, Section 1.
SC Code § 29-6-60 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-60. Application of chapter.

 The provisions of this chapter do not apply to:  (1) residential homebuilders;  (2) improvements to real property intended for residential purposes which consist of sixteen or fewer residential units; or  (3) private persons or entities owning improvements to real property when the specific improvements are not financed by a nonowner.  HISTORY: 1990 Act No. 426, Section 1.
SC Code § 29-6-210 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-210. Citation of article.

 This article may be cited as the "Subcontractors' and Suppliers' Payment Protection Act".  HISTORY: 2000 Act No. 295, Section 1.
SC Code § 29-6-230 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-230. Subcontractor's right to payment from party with whom it contracts.

 Notwithstanding any other provision of law, performance by a construction subcontractor in accordance with the provisions of its contract entitles the subcontractor to payment from the party with whom it contracts. The payment by the owner to the contractor or the payment by the contractor to another subcontractor or supplier is not, in either case, a condition precedent for payment to the construction subcontractor. Any agreement to the contrary is not enforceable.  HISTORY: 2000 Act No. 295, Section 1.
SC Code § 29-6-250 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-250. Labor and material payment bond; "governmental body" defined.

 (1) When a governmental body is a party to a contract to improve real property, and the contract is for a sum in excess of fifty thousand dollars, the owner of the property shall require the contractor to provide a labor and material payment bond in the full amount of the contract. The bond must be secured by cash or must be issued by a surety company licensed in the State with an "A" minimum rating of performance as stated in the most current publication of "Best Key Rating Guide, Property Liability". The governmental body may not exact that the labor and material payment bond be furnished by a particular surety company or through a particular agent or broker.  (2) If the contract is for less than one hundred thousand dollars, the governmental body may permit the use of a "B+" rated bond if it justifies that use in writing.  (3) For the purposes of any contract covered by the provisions of this section, it is the duty of the entity contracting for the improvement to take reasonable steps to assure that the appropriate payment bond is issued and is in proper form.  (4) For purposes of this section, "governmental body" means a state government department, commission, council, board, bureau, committee, institution, college, university, technical school, agency, government corporation, or other establishment or official of the executive or judicial branch, and all local political subdivisions. Governmental body excludes the General Assembly or its respective branches or its committees, Legislative Council, the Legislative Services Agency, or any entity created by act of the General Assembly for the purpose of erecting monuments or memorials or commissioning art that is procured exclusively by private funds.  HISTORY: Act No. 295, Section 1; 2002 Act No. 253, Section 5; 2002 Act No. 333, Section 9; 2002 Act No. 356, Section 1, Pt VI.P(9); 2013 Act No. 31, Section 13, eff May 21, 2013.  Effect of Amendment  The 2013 amendment, in subsection (4), substituted "Legislative Services Agency" for "Office of Legislative Printing, Information and Technology Systems".
SC Code § 29-6-270 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-270. Credit rating of state in which surety company licensed.

 For any contract for the improvement of real property not covered by the provisions of Section 29-6-250, where a payment bond is required by the contract or otherwise, the bond may only be issued by a surety company licensed in the State with a "B+" minimum rating as stated in the most current publication of "Best Key Rating Guide, Property Liability".  HISTORY: 2000 Act No. 295, Section 1.
SC Code § 29-6-290 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 6 - Payments To Contractors, Subcontractors, And Suppliers|Section 29-6-290. Contract provisions not to derogate rights of contractor against payment bond.

 A provision in a contract for the improvement of real property in the State must not operate to derogate the rights of a construction contractor, subcontractor, supplier, or other proper claimant against a payment bond or other form of payment security or protection established by law.  HISTORY: 2000 Act No. 295, Section 1.
SC Code § 29-7-10 (2021)
2021 South Carolina Code of Laws|Title 29 - Mortgages and Other Liens|Chapter 7 - Liens Of Laborers And Others On Contract Price|Section 29-7-10. Contractors and subcontractors to pay laborers and others out of money received; laborers' lien.

 Any contractor or subcontractor in the erection, alteration, or repairing of buildings in this State shall pay all laborers, subcontractors, and materialmen for their lawful services and material furnished out of the money received for the erection, alteration, or repairs of buildings upon which such laborers, subcontractors, and materialmen are employed or interested and such laborers, as well as all subcontractors and persons who shall furnish material for any such building, shall have a first lien on the money received by such contractor for the erection, alteration, or repair of such building in proportion to the amount of their respective claims. Any person providing private security guard services at the site of the building during its erection, alteration, or repair shall be deemed to be a laborer within the meaning of this section. Nothing herein contained shall make the owner of the building responsible in any way and nothing contained in this section shall be construed to prevent any contractor or subcontractor from borrowing money on any such contract. "Person" as used in this section shall mean any individual, corporation, partnership, proprietorship, firm, enterprise, franchise, association, organization, or other such entity.  HISTORY: 1962 Code Section 45-301; 1952 Code Section 45-301; 1942 Code Section 1278; 1932 Code Sections 1278, 8770; Civ. C. '22 Sections 173, 5682; Civ. C. '12 Sections 451, 4152; Civ. C. '02 Sections 338, 3047; 1896 (22) 198; 1897 (22) 487; 1976 Act No. 524, Section 3; 1991 Act No. 247, Section 1.