South Carolina Mechanics Lien
File a South Carolina mechanics lien to secure payment for construction work. Learn the 90-day filing deadline, the six-month enforcement window, and more.
Introduction
A South Carolina mechanics lien is a legal claim filed against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once filed, the lien attaches to the property and clouds the title, and can be enforced by a court-ordered sale. Chapter 5 of Title 29 grants the right, but the lien only holds if you act on time. A sub-subcontractor or supplier below the first tier may need to serve a Notice of Furnishing on the contractor to preserve full lien rights. To perfect the lien, you must serve a statement of account on the owner and file it with the register of deeds within 90 days after you cease to labor or furnish materials. You must then start an enforcement suit and file a notice of pendency within six months after you cease work. DocDraft prepares a South Carolina mechanics lien and its notices from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
A South Carolina mechanics lien secures payment against the improved property. Contractors, subcontractors, laborers, and material suppliers who furnished labor or materials to improve real property and were not paid can claim one under Chapter 5 of Title 29.
- 2
Lower-tier claimants may owe a Notice of Furnishing. Under section 29-5-20(B) a sub-subcontractor or supplier serves a Notice of Furnishing on the contractor by certified mail to reach funds beyond what the contractor owes its subcontractor, when a Notice of Project Commencement was filed.
- 3
The lien must be filed within 90 days. Under section 29-5-90 you serve a statement of account on the owner and file it with the register of deeds or clerk of court within 90 days after you cease to labor or furnish materials.
- 4
Enforcement runs from when you stopped work. Under section 29-5-120 the lien dissolves unless you start a suit and file a notice of pendency within six months after you cease to labor or furnish materials, not from the date the lien was filed.
- 5
South Carolina reads the requirements strictly. Missing the 90-day filing deadline or the six-month enforcement window generally forfeits the lien, though a separate breach-of-contract claim against the party that hired you may remain.
- 6
The certificate must state required details. Section 29-5-90 requires the statement of account to give the amount due, describe the property, name the owner, and include the claimant's contractor license number, though no single form is mandated.
- 7
Homes follow the same clock. South Carolina sets no owner-occupied dollar cap or special residential deadline; the 90-day filing rule and six-month enforcement window apply the same way to residential and commercial projects.
Key decisions before you file
Before you file a Mechanics Lien in South Carolina, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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South Carolina Requirements for Mechanics Lien
South Carolina Filing Deadline and Office
File the South Carolina mechanics lien in the correct office, a county recorder or court as South Carolina requires, within the state's deadline after you last furnish labor or materials. South Carolina applies the deadline strictly, so filing late or in the wrong office can void the lien.