S*0157(Rat #0188, Act #0134 of 1987)  General Bill, By M.B. Williams and 
Leatherman

Similar(H 2049, H 2099)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 27-1-15 so as to provide for assessment of attorney fees and interest against
 persons liable for claims for payment for permanent improvement to real estate
 who do not investigate the merits of a claim and pay it within forty-five days
 of demand if it is determined to be valid.

   12/08/86  Senate Prefiled
   12/08/86  Senate Referred to Committee on Judiciary
   01/13/87  Senate Introduced and read first time SJ-96
   01/13/87  Senate Referred to Committee on Judiciary SJ-96
   04/22/87  Senate Committee report: Favorable Judiciary SJ-1430
   04/23/87  Senate Read second time SJ-1495
   04/28/87  Senate Read third time and sent to House SJ-1537
   04/29/87  House  Introduced and read first time HJ-2216
   04/29/87  House  Referred to Committee on Judiciary HJ-2216
   05/21/87  House  Committee report: Favorable with amendment
                     Judiciary HJ-3120
   05/27/87  House  Amended HJ-3251
   05/27/87  House  Read second time HJ-3252
   05/28/87  House   Read third time HJ-3324
   05/28/87  House  Returned HJ-3324
   05/29/87  Senate Concurred in House amendment and enrolled
   06/02/87         Ratified R 188
   06/03/87         Signed By Governor
   06/03/87         Effective date 06/03/87
   06/03/87         Act No. 134
   06/12/87         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-1-15 SO AS TO PROVIDE FOR ASSESSMENT OF ATTORNEY FEES AND INTEREST AGAINST PERSONS LIABLE FOR CLAIMS FOR PAYMENT FOR PERMANENT IMPROVEMENT TO REAL ESTATE WHO DO NOT INVESTIGATE THE MERITS OF A CLAIM AND PAY IT WITHIN FORTY-FIVE DAYS OF DEMAND IF IT IS DETERMINED TO BE VALID.

Be it enacted by the General Assembly of the State of South Carolina:

Payment of attorney fees and interest on claims for improvements of real estate

SECTION 1. The 1976 Code is amended by adding:

"Section 27-1-15. Whenever a contractor, laborer, design professional, or materials supplier has expended labor, services, or materials under contract for the improvement of real property, and where due and just demand has been made by certified or registered mail for payment for the labor, services, or materials under the terms of any regulation, undertaking, or statute, it is the duty of the person upon whom the claim is made to make a reasonable and fair investigation of the merits of the claim and to pay it, or whatever portion of it is determined as valid, within forty-five days from the date of mailing the demand. If the person fails to make a fair investigation or otherwise unreasonably refuses to pay the claim or proper portion, he is liable for reasonable attorney's fees and interest at the judgment rate from the date of the demand."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.