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S.C. Code Ann. § 29-5-60

Proration of payments among lienors

Applied in 2 court decisions — leading case Columbia Wholesale Co. v. Scudder May N.V. (1994)

Most recently applied in Rose Electric, Inc. v. Cooler Erectors of Atlanta, Inc. (September 2016)

1962 Code SECTION 45-256; 1952 Code SECTION 45-256; 1942 Code SECTION 8731; 1932 Code SECTION 8731; Civ

(A) In the event the amount due the contractor by the owner is insufficient to pay all the lienors acquiring liens as herein provided it is the duty of the owner to prorate among all just claims the amount due the contractor.

(B) In the event the amount due a subcontractor by the contractor is insufficient to pay all the lienors acquiring liens under Section 29-5-20 as a result of supplying labor, materials, or services to that subcontractor, all just liens must be prorated by the contractor among sub-subcontractors and suppliers to that subcontractor.

Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.