Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in South Carolina
South Carolina
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
South Carolina Quick Overview
| Pursuant Code | S.C. Code Ann. §§ 29-5-10 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| SC Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice of Furnishing | |
| Prelien Minimum Information | Statement of furnishing labor or materials; date furnished; party contracted with; project and owner information | |
| Prelien Minimum Notifications | Owner (required) | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in South Carolina by Role
Preliminary notice is not generally required unless the GC has filed a Notice of Commencement. If so, remote claimants must serve a Notice of Furnishing as soon as possible to preserve lien rights.
Mechanic's Liens in South Carolina
South Carolina mechanics lien law is governed by S.C. Code Ann. § 29-5-10 et seq. A lien claimant must file and serve the lien within 90 days of last furnishing labor or materials to the project. A suit to foreclose the lien, along with a lis pendens, must be filed within 6 months of the claimant's last date of furnishing. No preliminary notice is required for prime contractors or first-tier claimants, but remote claimants should send a Notice of Furnishing if the general contractor files a Notice of Commencement.
Bond Claims in South Carolina
South Carolina statutes do not provide a specific public works bond claim statute similar to the Miller Act at the federal level. In practice, recovery on public jobs often requires contractual remedies or invoking payment bond language in accordance with general surety law. Always review the specific public project contract and bonding documentation for notice requirements and deadlines.
Construction Lien Waivers in South Carolina
Required Format: South Carolina does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: South Carolina does not require waivers to be notarized.
South Carolina does not require statutory lien waivers. Lien waivers are generally contractual and must be clearly worded. They should not waive rights retroactively unless clearly expressed.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in South Carolina counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in South Carolina
Frequently Asked Questions (FAQs) on South Carolina Lien Processes for Contractors
Is a preliminary notice required in South Carolina to secure lien rights?
Not for prime contractors or first-tier subcontractors. However, if a Notice of Commencement is filed by the general contractor, remote claimants such as second-tier subcontractors and suppliers must serve a Notice of Furnishing.
What is the deadline to file a mechanics lien in South Carolina?
The lien must be filed and served within 90 days after the last date the claimant furnished labor or materials to the project.
What is the deadline to enforce a lien once it's recorded?
A foreclosure action and a lis pendens must be filed within 6 months from the claimant's last day of work on the project.
Can a supplier who didn't contract directly with the prime contractor file a lien?
Yes, but only if the general contractor has not filed a Notice of Commencement. If one is filed, the remote claimant must serve a timely Notice of Furnishing.
Are public project bond claims treated the same as private mechanics liens in South Carolina?
No. There is no comprehensive statutory framework for public bond claims in South Carolina. Claimants must rely on contract-specific bond terms and general surety law.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
