SC STATESupreme Court of South Carolina
1994

Columbia Wholesale Co. v. Scudder May N.V.

440 S.E.2d 129Supreme Court of South Carolina • Decided 1994Voided

HOLDING

A roofing supplier filed a mechanic's lien against a property owner for unpaid materials, then switched tactics and sued for quantum meruit (unjust enrichment) instead. The South Carolina Supreme Court ruled against the supplier, finding that because the owner had already paid the general contractor in full and the supplier received a pro-rata share of remaining funds, there was no unjust enrichment. The court voided the quantum meruit recovery, emphasizing that suppliers cannot recover twice or bypass lien procedures.

KEY FINDINGS

Lien Rights

Don't abandon your mechanic's lien to pursue quantum meruit—once you file a lien, stick with it. Switching strategies can weaken your legal position.

Lien Waiver

If the owner pays the general contractor the full contract price, you likely cannot claim unjust enrichment even if the GC doesn't pay you. Your remedy is the mechanic's lien, not a direct claim against the owner.

FULL COURT OPINION