Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in South Carolina
SC 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.
Prime/ Original / General Contractors (GCs): Prime contractors should evaluate whether to file Notice of Commencement and monitor downstream notice flow.
Subcontractors/Trade Partners (Subs): Subcontractors should check commencement filings and serve Notice of Furnishing when required.
Second-tier Subcontractors: Second-tier parties should move quickly on notice service when a commencement filing exists.
Lower-tier Subcontractors: Lower-tier claimants should preserve documentary proof of notice and delivery dates.
Material Suppliers: Suppliers should confirm project filing status and send timely notices if they are remote claimants.
Equipment Lessors: Lessors should keep clear furnishing records for notice and lien deadlines.
Second-tier Material Suppliers: Second-tier suppliers should verify filing conditions before deadlines run.
Lower-tier Material Suppliers: Lower-tier suppliers should treat notice timing as critical to preserving 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 online lien-related information for construction project parcels—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.
- *Abbeville County
- Aiken County
- *Allendale County
- Anderson County
- *Bamberg County
- *Barnwell County
- Beaufort County
- Berkeley County
- *Calhoun County
- Charleston County
- *Cherokee County
- Chester County
- *Chesterfield County
- *Clarendon County
- Colleton County
- *Darlington County
- *Dillon County
- *Dorchester County
- *Edgefield County
- *Fairfield County
- Florence County
- *Georgetown County
- Greenville County
- *Greenwood County
- Hampton County
- Horry County
- *Jasper County
- *Kershaw County
- Lancaster County
- *Laurens County
- *Lee County
- Lexington County
- *McCormick County
- *Marion County
- *Marlboro County
- Newberry County
- *Oconee County
- Orangeburg County
- Pickens County
- Richland County
- *Saluda County
- Spartanburg County
- Sumter County
- *Union County
- *Williamsburg County
- York County
Other important construction links in South Carolina
- South Carolina Code of Laws - Title 29: Mortgages and Other Liens
- South Carolina Contractors' Licensing Board
- South Carolina Department of Labor, Licensing and Regulation (LLR)
- South Carolina Division of Procurement Services (Public Contracting)
- South Carolina Chapter - Associated General Contractors (AGC)
- University of South Carolina Construction Services and Facilities Planning
- Occupational Safety and Health Administration (OSHA) - South Carolina Area Offices
Check out this ‘X’ list for South Carolina created by Prelien Pro!
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.
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