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Construction Law

: The South Carolina Construction Law Blog

Attorney's Fees in a Mechanic's Lien Action

By Ryan McCabe

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            The South Carolina Court of Appeals affirmed the lower court's ruling of limiting awarded fees and costs to the amount of the mechanic's lien. Mozingo & Wallace Architects, L.L.P. v. Grand, 379 S.C. 478 (Ct. App. 2008). An architect who got a judgment against the owner appealed the amount awarded for attorney?s fees. In the original proceeding, the architect was found entitled to foreclosure and collection of a lien on owner?s property. The trial court limited the attorney?s fees to the debt recited in the notice and certificate of the mechanic?s lien.

            The court of appeals affirmed. Section 29-5-10(a) of the South Carolina Code allows the prevailing party to recover reasonable attorney?s fees, not exceeding the amount of the lien however. The mechanic?s lien amount limit applies to defending parties also; it would not be reasonable otherwise.

            This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek a competent attorney for advice on any legal matter.

Full post as published by The South Carolina Construction Law Blog on February 04, 2009 (boomark / email).