South Carolina Construction Lien FAQ

A South Carolina mechanics lien must be filed within ninety (90) days after the claimant last furnished labor, materials, equipment, or services to the project. If this deadline is missed, lien rights are permanently lost.

Yes. Subcontractors, sub-subcontractors, and suppliers must serve a Notice of Furnishing within thirty (30) days of first furnishing labor or materials. Failure to timely serve this notice completely bars lien rights for lower-tier claimants.

General contractors with a direct contract with the owner do not need to send this notice.

South Carolina Lien rights are available to:

· General contractors

· Subcontractors

· Sub-subcontractors

· Material suppliers

· Equipment rental companies

· Laborers

· Certain design professionals

Lower-tier parties must comply with the Notice of Furnishing requirement to preserve lien rights.

If the South Carolina lien is not filed within the 90-day deadline, the claimant permanently loses the right to assert a mechanics lien, regardless of the amount owed.

The lien must be filed with the Clerk of Court in the county where the property is located. Filing in the wrong county will invalidate the lien.

A South Carolina mechanics lien must be enforced within six (6) months after the lien is filed by commencing a foreclosure lawsuit. If enforcement is not timely initiated, the lien automatically expires.

A South Carolina mechanics lien should include:

• Claimant’s legal name and address

• Property owner’s name

• Name of the party who hired the claimant

• Legal description of the property

• Description of labor, materials, or services provided

• Amount unpaid and claimed

• Date of last furnishing

No. South Carolina law does not impose a minimum or maximum dollar amount for filing a mechanics lien. Claimants should still consider cost-effectiveness for smaller balances.

Yes. Multiple unpaid contractors, subcontractors, and suppliers may each file their own mechanics liens against the same property, provided each claimant independently complies with South Carolina’s notice and filing requirements.

If the customer pays you the full amount owed after you have recorded a lien, you have a legal obligation to formally clear the lien from the property records.

You must prepare and file a South Carolina Discharge of Lien (or Release of Lien) with the same office where the original lien was recorded.