South Carolina Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under S.C. Code §29-5-10 et seq. — Private Works, Payment Bonds & Public Projects
South Carolina mechanic lien deadline table with toggles for project type and claimant type.
South Carolina Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record within 90 days after last furnishing and serve the owner within the same 90-day window.
Commence suit to foreclose the Mechanic's Lien within 6 months after the claimant's last furnishing of labor or materials on the project.
Preliminary Notice
Mechanic Lien
Record within 90 days after last furnishing and serve the owner within the same 90-day window.
Enforcement
Commence suit to foreclose the Mechanic's Lien within 6 months after the claimant's last furnishing of labor or materials on the project.
South Carolina Mechanic Lien Law Overview
South Carolina construction mechanic lien rights are governed by S.C. Code §29-5-10 et seq. for private works, §57-5-1660 for public highway contracts, and §11-35-3030 for all other public projects. This statutory framework protects the payment rights of contractors, subcontractors, materialmen, architects, engineers, and other construction participants who furnish labor, services, or materials for the improvement of real property in the State of South Carolina.
South Carolina's mechanic lien law distinguishes between contractors who have direct contact with the property owner (or act with the owner's consent) and remote claimants such as sub-subcontractors, materialmen, architects, and engineers. Contractors with direct owner contact may optionally file a Notice of Project Commencement within 15 days of commencing work and must post a Location Notice at the job site. Remote claimants must serve a Preliminary Notice of Furnishing on the general contractor unless the contractor fails to file a Notice of Project Commencement. S.C. Code §§29-5-23, 29-5-440.
All mechanic lien claimants must record their mechanic lien within 90 days of last performance or furnishing of materials and serve a copy on the property owner by personal service. Remote claimants must also deliver a Statement of Account to the property owner within 90 days after the last date of performance by certified mail, return receipt requested, unless the owner has filed a Notice of Refusal of Responsibility. S.C. Code §29-5-10 et seq.
South Carolina provides separate payment bond claim procedures for private bonded projects, public highway contracts requiring a minimum 50% payment bond on contracts over $10,000 (§57-5-1660), and all other public projects requiring a 100% payment bond (§11-35-3030). The prevailing party in a mechanic lien action may recover attorney's fees. National Lien & Bond provides authoritative guidance on every aspect of South Carolina construction mechanic lien compliance, from notice requirements through bond claims and mechanic lien enforcement proceedings.
Topics on This Page
South Carolina Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for South Carolina construction mechanic lien law.
Notice Requirements
Statutory notice obligations for contractors, remote claimants, and public works bond claimants including Preliminary Notice of Furnishing, Notice of Project Commencement, and Statement of Account
Mechanic Lien Deadlines
Mechanic Lien recording requirements, 90-day filing deadlines, Location Notice posting, personal service on owner, and mechanic lien amount limitations
Mechanic Lien Enforcement Deadlines
Suit filing timelines, 6-month mechanic lien foreclosure deadlines, private and public payment bond claim enforcement, and attorney fee recovery
Frequently Asked Questions
What is a mechanic lien in South Carolina and who can file one?
A mechanic lien in South Carolina is a legal claim against real property by a person who has furnished labor, services, or materials for the improvement of that property. Contractors, subcontractors, sub-subcontractors, materialmen, architects, engineers, grading and paving contractors, utility contractors, and private security services may all assert mechanic lien rights under S.C. Code §29-5-10 et seq., provided they comply with the applicable notice and filing requirements.
What is the difference between the Notice of Project Commencement and the Preliminary Notice of Furnishing?
The Notice of Project Commencement is an optional notice filed by the contractor within 15 days of commencing work, accompanied by a Location Notice posted at the job site. The Preliminary Notice of Furnishing is a notice served by remote claimants on the general contractor to preserve their mechanic lien and bond claim rights. If the contractor files a Notice of Project Commencement, remote claimants must serve a Preliminary Notice of Furnishing; if the contractor does not file one, the Preliminary Notice of Furnishing requirement is waived. S.C. Code §29-5-23.
How long do I have to file a mechanic lien in South Carolina?
All mechanic lien claimants must record their mechanic lien within 90 days of the last date of performance or furnishing of materials. The mechanic lien must be recorded in the county where the improved property is located, and a copy must be served on the property owner by personal service. Contractors must also include their license or registration number in the mechanic lien document. S.C. Code §§29-5-10, 29-5-15.
What is the deadline to enforce a mechanic lien through a lawsuit in South Carolina?
A mechanic lien foreclosure suit must be filed within six months of the last date of performance or furnishing of materials. Failure to commence the action within this period results in automatic expiration of the mechanic lien. The prevailing party in a mechanic lien enforcement action may recover reasonable attorney's fees.
What payment bond claim options exist on South Carolina public projects?
South Carolina has two primary public works bond statutes. Highway contracts exceeding $10,000 require a minimum 50% payment bond under S.C. Code §57-5-1660, with suit filed within one year of final settlement. All other public projects require a 100% payment bond under S.C. Code §11-35-3030, with suit filed within one year of last performance. Notice requirements differ depending on the claimant's tier and relationship to the prime contractor.
Can I file a mechanic lien on a public project in South Carolina?
No. Mechanic liens cannot be filed against public property in South Carolina. Payment rights on public projects are secured exclusively through payment bond claims. The applicable bond statute depends on the project type: highway contracts are governed by S.C. Code §57-5-1660 (50% bond on contracts over $10,000), and all other public projects are governed by S.C. Code §11-35-3030 (100% bond).