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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. 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. 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. 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. 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. 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. 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. 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.

Open the Mechanics Lien guide

Customize your Mechanics Lien Template with DocDraft

STATEMENT OF ACCOUNT AND MECHANIC'S LIEN CERTIFICATE (SOUTH CAROLINA)

Served on the owner and filed with the register of deeds (or clerk of court) under S.C. Code Ann. Chapter 5 of Title 29, section 29-5-90. The claimant asserts a mechanics lien against the real property described below to secure payment for labor or materials furnished to improve that property.

  1. CLAIMANT Name: [CLAIMANT NAME] Role: [CONTRACTOR / SUBCONTRACTOR / MATERIAL SUPPLIER / LABORER] Address: [CLAIMANT ADDRESS] Contractor license number: [LICENSE NUMBER, IF APPLICABLE]

  2. OWNER OR PERSON IN POSSESSION Name: [OWNER NAME] Address: [OWNER ADDRESS]

  3. HIRING PARTY The claimant furnished the work under contract with, or at the request of: [PERSON OR COMPANY THAT ORDERED THE WORK].

  4. PROPERTY Street address: [PROPERTY ADDRESS]. Legal description: [LEGAL DESCRIPTION]. County: [COUNTY].

  5. LABOR OR MATERIALS FURNISHED General description of the labor or materials furnished: [DESCRIPTION]. Date first furnished: [FIRST DATE]. Date claimant last labored or furnished materials: [LAST DATE].

  6. AMOUNT OF THE CLAIM The amount due to the claimant, after deducting all just credits and offsets, is: $[AMOUNT].

  7. VERIFICATION The claimant, or the claimant's authorized agent, states under oath that the facts set forth in this statement of account are true and correct to the best of the claimant's knowledge and belief.

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE] [NOTARY / VERIFICATION AS REQUIRED]

NOTICE OF FURNISHING LABOR AND MATERIALS (served by a sub-subcontractor or supplier on the contractor by certified or registered mail under section 29-5-20(B), where a Notice of Project Commencement was filed)

The undersigned is furnishing labor or materials to improve the property described above under an agreement with [SUBCONTRACTOR OR HIGHER-TIER PARTY]. This notice is given to the contractor to preserve the right to claim a lien for amounts owed beyond what the contractor owes that subcontractor.

To (contractor): [CONTRACTOR NAME AND ADDRESS] From (claimant): [CLAIMANT NAME AND ADDRESS] Date served: [DATE]

Note: This South Carolina statement of account and notice follow S.C. Code Ann. Chapter 5 of Title 29. Confirm the current statutory contents and deadlines, including the 90-day filing period and the six-month enforcement window measured from when work ceased, or have this reviewed by an attorney, before you file.

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.

Frequently Asked Questions

Contractors, subcontractors, and suppliers who improve property but are not paid can turn to the South Carolina mechanics lien. It is a legal claim recorded against the real estate itself, and it clouds the title so the owner struggles to sell or refinance. If the debt stays unpaid, a court can order the property sold to satisfy it. Chapter 5 of Title 29 governs it.

Contractors, subcontractors, laborers, and material suppliers who provided labor or materials to improve the property and were not paid can file. A general contractor and a first-tier subcontractor need no advance notice. A sub-subcontractor or supplier below the first tier may have to serve a Notice of Furnishing to protect the full value of a 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 on or furnish labor or materials, under section 29-5-90. The certificate must state the amount due, describe the property, name the owner, and include your contractor license number.

There is no general preliminary notice for a general contractor or first-tier subcontractor. A sub-subcontractor or supplier below the first tier may need to serve a Notice of Furnishing on the contractor by certified mail under section 29-5-20(B). It matters when the owner filed a Notice of Project Commencement and you want funds beyond what the contractor owes your subcontractor.

You must commence a suit to enforce the lien and file a notice of pendency of the action within six months, under section 29-5-120. Watch the trigger: the six months runs from when you cease to labor or furnish materials, not from the date you filed the lien. Because filing and enforcement share that start point, the enforcement clock can already be running when you file.

Missing the 90-day filing deadline or the six-month enforcement window usually means the lien is lost, because South Carolina applies these rules strictly. You may still sue the party that hired you for breach of contract to recover what you are owed, but you give up the security a lien provides against the property itself.

One South Carolina trap is that the enforcement deadline is not measured from your lien filing. Under section 29-5-120 the six-month suit deadline runs from the day you last labored or furnished materials, the same trigger as the 90-day filing deadline. A late filing therefore eats into the time you have left to sue, so file early and calendar both dates.

When the debt is paid, the claimant should file a satisfaction or release with the register of deeds to clear the lien from the record. A lien also dissolves on its own if no enforcement suit and notice of pendency are filed within six months of when work ceased. An owner who believes a lien is invalid can challenge it in court.