South Carolina mechanics lien law and deadlines
In South Carolina, serve the owner and file a sworn statement of account with the register of deeds or clerk of court within 90 days after you stop work. Suit and a notice of pendency are due within 6 months of that same last day.
South Carolina's mechanics lien law is Title 29, Chapter 5 of the Code of Laws. Two clocks matter, and both start on the day you last furnish labor or materials. Within 90 days, you must serve the owner and file a sworn statement of account in the office of the register of deeds or clerk of court for the county (§ 29-5-90). Within six months, you must start suit to enforce the lien and file a notice of pendency of the action (§ 29-5-120). Licensed contractors must also put their license or registration number on the lien. Lower-tier subs and suppliers may need a notice of furnishing if the prime filed a notice of project commencement.
| Step | Deadline or rule | S.C. Code section |
|---|---|---|
| Notice of project commencement (optional, by the party contracting with the owner) | File within 15 days of starting work; $15 fee; post contractor and location notice at the site | § 29-5-23 |
| Notice of furnishing (sub-subs and suppliers to subs) | Certified or registered mail to the contractor; without it, the lien is capped at what the contractor owes your sub | § 29-5-20(B) |
| Notice to owner of furnishing | Written notice to the owner; once given, later payments to the contractor do not reduce your claim | §§ 29-5-40, 29-5-50 |
| Serve and file the lien | Within 90 days after last furnishing labor or materials | § 29-5-90 |
| Suit and notice of pendency | Within 6 months after last furnishing labor or materials | § 29-5-120(A) |
| Public projects | No lien; 100% payment bond on state construction contracts (waivable at $50,000 or less) | § 11-35-3030 |
Who has lien rights in South Carolina
Section 29-5-10 gives a lien to anyone owed for labor or materials used to build, alter, or repair a building or structure under an agreement with, or with the consent of, the owner. Section 29-5-20 gives the same right to every laborer, mechanic, subcontractor, and material supplier when the improvement was authorized by the owner. The statute is specific about what counts. Labor includes the preparation of plans, specifications, and design drawings, so architects and engineers are covered. It also includes site work such as grading, excavating, fill, paving, drainage, utility lines, and construction and demolition debris disposal. Surveyors working under an agreement with the owner are covered by § 29-5-21, rental equipment by § 29-5-22 (at reasonable rental value), and landscapers by § 29-5-26 when the service exceeds $5,000 under a written agreement with the owner.
There is a gate for contractors. Under § 29-5-15, a contractor that must be licensed or registered has to record its license or registration number on the lien document when filing. A contractor that files a frivolous lien faces a fine of up to $5,000, loss of its license or registration, or both.
Notices: commencement, furnishing, and notice to owner
South Carolina has no single mandatory preliminary notice for everyone. It has three related pieces.
- Notice of project commencement (§ 29-5-23): the party contracting with the owner may file it with the clerk of court or register of deeds within 15 days of starting work, with a $15 fee, and post the contractor's name, address, and a location notice at the site. If it is not filed, the notice-of-furnishing cap below does not apply.
- Notice of furnishing (§ 29-5-20(B)): if the commencement notice is on file, a sub-subcontractor or supplier to a subcontractor should send the contractor a notice of furnishing by certified or registered mail. It lists the claimant, who hired it, what was furnished and the price, the project, first and last dates, and the amount due. Without it, the claim is capped at what the contractor still owes your subcontractor. Individual laborers with liens under $2,000 are exempt.
- Notice to the owner (§§ 29-5-40, 29-5-50): anyone working for someone other than the owner can notify the owner in writing of the labor or materials furnished and their value. After that, the owner's later payments to the contractor do not reduce what you can recover. Total liens still cannot exceed what the owner owes on the contract.
Serving, filing, and enforcing the lien
Within 90 days after you stop furnishing labor or materials, § 29-5-90 requires you to serve the owner (or, if the owner cannot be found, the person in possession) and file a sworn statement in the register of deeds or clerk of court office for the county. The statement gives a just and true account of the amount due with all credits, a description of the property accurate enough to identify it, and the owner's name if known. If neither the owner nor an occupant can be found after diligent search, a sheriff's affidavit to that effect lets you preserve the lien by filing alone. Honest mistakes in the description or amount do not void the lien unless you knowingly claimed more than you were owed (§ 29-5-100).
Then suit. Under § 29-5-120, the lien dissolves unless suit is commenced and a notice of pendency of the action is filed within six months after you last furnished labor or materials. Note that the six months run from your last work, not from filing. An owner can bond off the lien by filing an undertaking of one and one-third times the claim (§ 29-5-110). Attorney fees go to the prevailing party, which is decided by comparing each side's written offer of settlement to the verdict (§ 29-5-10(b)), so make a realistic offer.
Residential and owner-occupied work
Chapter 5 does not set a separate notice or filing schedule for homes. The owner protections apply to every job: total liens are capped at what the owner owes on the contract (§ 29-5-40), and an owner who did not contract for the work can block future liens with a written notice of nonresponsibility (§ 29-5-80). One residential-specific rule: a real estate licensee's commercial leasing lien under § 29-5-21(B) never attaches to residential real estate. For homebuilding license questions, see South Carolina contractor licensing.
Lien waivers in South Carolina
Chapter 5 does not contain a statutory lien waiver form or a rule voiding advance waivers, so waiver terms come from your contract documents. Read every subcontract for a clause that waives lien rights up front, and tie each waiver you sign to a specific payment. When a lien is paid off, § 29-5-430 requires the creditor to enter a discharge or execute a recordable release.
Public projects use payment bonds
Liens do not run against public property. Under § 11-35-3030 of the state Consolidated Procurement Code, state construction contracts require a payment bond equal to 100 percent of the contract price (not counting operation, maintenance, and finance costs), which the governmental body may waive on contracts of $50,000 or less. A remote claimant with no contract with the bonded contractor must give that contractor written notice within 90 days of last furnishing. Section 29-5-440 sets the general rule for payment bonds not governed by another statute: suit no later than one year after your last labor, materials, or equipment.
More for South Carolina: South Carolina prompt payment and South Carolina prevailing wage. Smart Business Automator logs last-furnished dates per job so the 90-day and six-month clocks sit next to each open invoice; see construction accounts receivable automation.
Frequently asked questions
How long do I have to file a mechanics lien in South Carolina?
Ninety days after you last furnish labor or materials. Within that time you must serve the owner and file a sworn statement of account with the register of deeds or clerk of court in the county (S.C. Code § 29-5-90).
When must I sue to enforce a South Carolina lien?
Within six months after you last furnished labor or materials, you must start suit and file a notice of pendency of the action, or the lien dissolves (§ 29-5-120).
Does South Carolina require a preliminary notice?
Not for every claimant. If the prime contractor filed a notice of project commencement, sub-subcontractors and suppliers to subs should send the contractor a notice of furnishing, or their lien is limited to what the contractor owes their sub (§ 29-5-20(B)). Any claimant can also give the owner written notice under § 29-5-40 to protect against later payments to the contractor.
Do architects and engineers have lien rights in South Carolina?
Yes. Section 29-5-10 says labor includes preparing plans, specifications, and design drawings. Surveyors working under an agreement with the owner are covered by § 29-5-21.
What happens on a public project?
You claim against the contractor's payment bond. Under § 11-35-3030, remote claimants must give the bonded contractor written notice within 90 days of last furnishing.
Sources
- South Carolina Legislature: Code of Laws Title 29, Chapter 5, Mechanics' Liens
- South Carolina Legislature: Code of Laws Title 11, Chapter 35, Consolidated Procurement Code (§ 11-35-3030)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.