Prompt payment

South Carolina prompt payment act and retainage rules

South Carolina's prompt payment law covers public and private owners: 21 days to pay the contractor, 7 days to pay each sub, and 1 percent monthly interest if the payer was notified. Pay-if-paid clauses are unenforceable, and state construction retainage is capped at 3.5 percent.

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Review invoices, committed costs, and cash timing together before making project decisions. AI-generated illustration.

South Carolina's prompt payment rules sit in Title 29, Chapter 6 of the Code of Laws. Under § 29-6-30, an owner pays the undisputed amount of a pay request within 21 days of receiving it, and each contractor or sub pays its own subs within 7 days of receiving a periodic or final payment. Late money earns 1 percent per month under § 29-6-50, but only if the payer was told about that section when the pay request went in. The definition of owner includes state and local government, so the same clocks apply on public jobs. Two other rules stand out: § 29-6-230 makes pay-if-paid clauses unenforceable, and § 11-35-3030 caps retainage on state construction at 3.5 percent.

South Carolina payment and retainage rules at a glance
RulePrivate workPublic work
Owner pays prime21 days after receiving a pay request (§ 29-6-30)Same 21 days; government owners are included (§ 29-6-10(4))
Prime pays sub7 days after receiving periodic or final payment (§ 29-6-30)Same 7 days
Late interest1% per month, only if the payer was notified of § 29-6-50 when payment was requestedSame
Contract overrideAllowed on private projects only, if §§ 29-6-30 and 29-6-50 are waived by section number in bold or underlined typeNot allowed
Retainage capA reasonable amount (§ 29-6-40); no percentage set3.5% of each progress payment on state construction contracts and subcontracts (§ 11-35-3030(4))
Retainage releaseNot set by statuteReleased as each contractor's or sub's division is certified complete; prime pays the sub within 10 days of receipt
Pay-if-paidUnenforceable (§ 29-6-230)Unenforceable (§ 29-6-230)
ExclusionsResidential homebuilders; residential projects of 16 or fewer units; owner-financed private workThe § 29-6-60 exclusions are written for all owners; check the contract

Who the South Carolina act covers

The act reaches anyone who contracts to improve real property, including design professionals, and § 29-6-10 defines owner to include state, local, and municipal government bodies. Section 29-6-60 carves out three groups: residential homebuilders, residential projects of 16 or fewer units, and private owners whose improvements are not financed by someone other than the owner. A business owner paying cash for its own warehouse expansion falls outside the act. The same owner using a construction loan does not.

The 21-day and 7-day payment clocks

The owner has 21 days from receiving a pay request to mail or deliver the undisputed amount for work completed. When that money arrives, the GC has 7 days to pay each sub the full amount received for that sub's work, and each sub has 7 days to pay the next tier. The statute does not force more frequent payments than the construction documents call for, and it does not change the owner's loan agreement.

Section 29-6-40 lists the reasons a payer may withhold certification of a payment: unsatisfactory progress, defective work not fixed, disputed work, third party claims, failure to pay for labor and materials, damage to another party, reasonable evidence the job cannot be finished for the unpaid balance, and a reasonable amount for retainage.

Interest: 1 percent a month, with a notice condition

If an owner's payment is more than 21 days late, or a sub's payment is more than 7 days late after the payer received its money, interest runs at 1 percent per month from the due date. No interest is owed unless the party being charged was notified of § 29-6-50 at the time the payment was requested. On private projects only, the parties may agree to different rates and payment periods, but only if the contract waives §§ 29-6-30 and 29-6-50 by section number in conspicuous bold or underlined type. A willful breach of the agreed payment timing brings the statutory rate back.

  • Add a line to every pay application citing S.C. Code § 29-6-50 and stating that late payments bear interest at 1 percent per month.
  • Read private contracts for a bold or underlined waiver that names §§ 29-6-30 and 29-6-50. Without it, the statutory terms still apply.
  • Log the date each pay request was received and the date each payment arrived, so the 21-day and 7-day clocks can be proven.

Pay-if-paid clauses are unenforceable

The Subcontractors' and Suppliers' Payment Protection Act, § 29-6-230, says a construction sub that performs is entitled to payment from the party it contracted with, and that owner payment to the GC is not a condition precedent to paying the sub. Any agreement to the contrary is not enforceable. A pay-when-paid clause that only sets timing is a different question, so read the subcontract carefully. Related protections in the same article require a labor and material payment bond on government contracts over $50,000, and § 29-6-290 bars contract terms that cut into rights against a payment bond.

Retainage on state construction

For state construction contracts let under the Consolidated Procurement Code, § 11-35-3030(4) limits retainage on each progress payment to 3.5 percent, for the state holding from the prime and for the prime holding from its subs. Each contractor's or sub's scope is treated as a separate division. As each division is certified complete, the retainage allocable to it is released to the prime, which then has 10 days to pay the full retention it held to the sub that did the work. The private act does not set a percentage; it only allows a reasonable amount.

Check South Carolina mechanics lien deadlines while any money is outstanding. Smart Business Automator tracks pay request dates, interest notices, and retainage by job and by sub. See construction accounts receivable automation.

Frequently asked questions

How long does a South Carolina owner have to pay a contractor?

21 days after receiving a pay request, for the undisputed amount. Government owners are covered too.

How fast must a South Carolina GC pay subs?

Within 7 days after receiving each periodic or final payment from the owner.

Are pay-if-paid clauses enforceable in South Carolina?

No. S.C. Code § 29-6-230 says owner payment is not a condition precedent to paying a sub that performed, and any contrary agreement is unenforceable.

What is the retainage cap in South Carolina?

State construction contracts and their subcontracts are capped at 3.5 percent of each progress payment under § 11-35-3030. Private jobs may hold a reasonable amount set by contract.

Can a South Carolina contract change the prompt pay rules?

Only on private projects, and only if the contract waives §§ 29-6-30 and 29-6-50 by section number in conspicuous bold or underlined type.

Sources

  1. South Carolina Legislature: Code of Laws Title 29, Chapter 6, Payments to Contractors, Subcontractors and Suppliers
  2. 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.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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