South Carolina Construction Lien Resources
Serve and file the lien within 90 days after your last work. Sue and file a lis pendens within 6 months. Everything a contractor, subcontractor or supplier needs to protect lien rights in South Carolina.
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Serve the owner and file the lien after your last work
Sue and file lis pendens after your last work
Optional Notice of Project Commencement after work starts
Sue on a payment bond after last furnishing
South Carolina deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How a South Carolina lien comes together
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Within 15 days of start
Notice of Project Commencement (optional)
A party with a direct agreement with the owner may file this notice and post the contractor’s name and address and a location notice at the job site. If no notice is filed, the sub-tier caps in 29-5-20(B) and 29-5-60(B) do not apply.
S.C. Code 29-5-23
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While you work
Notice of Furnishing
Sub-subcontractors and suppliers can send a notice of furnishing to the contractor by certified or registered mail. Once it arrives, the contractor’s later payments to the subcontractor do not reduce what you can recover.
S.C. Code 29-5-20(B)
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While you work
Written notice to the owner
A party hired by someone other than the owner can notify the owner in writing of the labor or material furnished and its value. Total liens are capped at the amount the owner still owes on the contract price.
S.C. Code 29-5-40
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Within 90 days after last work
Serve and file the lien
Serve a sworn statement of account on the owner (or the person in possession) and file it with the register of deeds or clerk of court in the county. If you miss this, the lien is dissolved.
S.C. Code 29-5-90
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Within 6 months after last work
Sue and file lis pendens
Start a suit to enforce the lien and file a notice of pendency of action. If you miss this, the lien is dissolved.
S.C. Code 29-5-120(A)
The South Carolina rules, abstracted
A working summary of the South Carolina Mechanics’ Lien Law for notice, recording and enforcement.
Who has lien rights
You have a lien if you furnish labor or materials actually used to build, alter or repair a building or structure, under an agreement with, or with the consent of, the owner or the owner’s agent. Laborers, mechanics, subcontractors and material suppliers also have lien rights when the owner authorized the improvement. Separate sections cover surveyors and real estate licensees (29-5-21), equipment rental (29-5-22), security guard services (29-5-25) and landscape services over $5,000 under a written agreement with the owner (29-5-26). A real estate licensee gets no lien on residential real estate.
Notices before the lien
South Carolina has no required preliminary notice with a fixed deadline. Two optional notices matter. First, a sub-subcontractor or supplier can send a notice of furnishing to the contractor by certified or registered mail. The notice lists the claimant, the party it contracted with, the work and its price, the project, the first and last furnishing dates, and the amount due. When a Notice of Project Commencement has been filed, a sub-sub or supplier that gives no notice has its liens capped at what the contractor owes the subcontractor. Second, a party hired by someone other than the owner can give the owner written notice of the labor or material and its value. Total liens can never exceed what the owner owes on the contract price.
Notice of Project Commencement
A party with a direct agreement with the owner, or working with the owner’s consent, may file a Notice of Project Commencement with the clerk of court or register of deeds. It must be filed within 15 days after work starts, with a $15 fee. The contractor’s name and address and a location notice must be posted at the job site. If no notice is filed, the sub-tier caps in 29-5-20(B) and 29-5-60(B) do not apply. The notice is not a cloud on title.
The lien itself
Within 90 days after you last furnish labor or materials, serve the owner and file a statement of a just and true account of the amount due. File it with the register of deeds or clerk of court in the county where the building sits. The statement must show all just credits, a property description and the owner’s name if known. The claimant, or someone on its behalf, must sign it under oath. A contractor must put its license or registration number on the lien (29-5-15).
Service of the lien
Serve the statement on the owner. If the owner cannot be found, serve the person in possession. If neither can be found after a diligent search, and the sheriff or a deputy verifies that by affidavit, you can preserve the lien by filing the statement with that affidavit. The statute does not name a service method.
Enforcement deadline
You must start a suit to enforce the lien and file a notice of pendency of action (lis pendens) within 6 months after you last furnish labor or materials. If you do not, the lien is dissolved. After that, the lien can be released by court order or by an affidavit from the bond holder’s or defendant’s attorney.
Owner protections
An owner can bond off a lien by filing an undertaking equal to one and one-third times the amount claimed. Total liens are capped at what the owner owes on the contract price. An owner who did not make the contract can give written notice to the person furnishing work to stop liens for work not yet done (29-5-80). A contractor who files a frivolous lien faces a fine up to $5,000, loss of license or registration, or both (29-5-15).
State quirk: attorney fees both ways
The prevailing party recovers costs and a reasonable attorney’s fee, whether that is the lien claimant or the party defending against the lien. The fee and court costs cannot exceed the lien amount. Either side can file and serve an offer of settlement at least 15 days before the first term of court at which the trial is set. The party whose offer is closer to the verdict is the prevailing party. If both offers are equally far from the verdict, neither side is the prevailing party for fees.
Where South Carolina liens go wrong
- Filing the lien but not serving the owner within the same 90 days.
- Counting the 6-month suit deadline from the lien filing date instead of the last day of work.
- Suing without also filing a notice of pendency of action.
- Leaving the contractor license or registration number off the lien.
What do I need to send?
- Track your first and last furnishing dates on every job.
- Check the courthouse for a Notice of Project Commencement.
- If you are a sub-sub or supplier, send a notice of furnishing to the contractor by certified or registered mail.
- Consider written notice to the owner of what you furnished and its value.
- Serve and file the sworn lien within 90 days after your last work, then sue and file lis pendens within 6 months.
- Decide whether to file a Notice of Project Commencement within 15 days of starting work.
- If you file it, post your name and address and a location notice at the job site.
- Log every notice of furnishing you receive. Later payments to that sub do not reduce the notifier’s claim.
- Put your license or registration number on any lien you file.
- Serve and file within 90 days after your last work, then sue and file lis pendens within 6 months.
- Track written notices from parties you did not hire.
- Total liens are capped at what the owner owes on the contract price.
- An owner can bond off a lien with an undertaking of one and one-third times the claim.
- If no suit and lis pendens are filed within 6 months, the lien is dissolved and can be released by court order or attorney affidavit.
- An owner who did not contract for the work can send written notice of nonresponsibility to those furnishing it.
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the South Carolina Consolidated Procurement Code, S.C. Code 11-35-3030 (state public construction).
- State construction contracts require a payment bond for the protection of all persons supplying labor and material to the contractor or its subcontractors. The governmental body may waive bonds on contracts of $50,000 or less.
- Anyone who furnished labor, material or rental equipment to the bonded contractor or its subcontractors can sue on the bond.
- A remote claimant (no contract with the bonded contractor) must give written notice to the bonded contractor within 90 days after its last labor or material. Serve it in person or by registered or certified mail at any permanent office of the bonded contractor.
- Suit must be filed within one year after the last date of furnishing.
S.C. Code 11-35-3030; private payment bonds: S.C. Code 29-5-440
Lien waivers
The South Carolina mechanics’ lien chapter does not provide statutory lien waiver forms. Waiver and release documents are set by contract. A filed lien can be released by court order, discharged by bonding off, or released by an affidavit from the bond holder’s or defendant’s attorney when no timely suit was filed.
S.C. Code 29-5-110, 29-5-120(B)
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the South Carolina law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on October 7, 2026.
South Carolina services
Flat pricing per document. Premium members pay less on every filing.
Basic: free with signup. Premium: $299 per year.
Basic Membership
Create your free LienNow account to access all our services at standard pricing. No cost, no commitment. Sign up in minutes and start filing right away at our standard pricing. It’s a good fit for contractors and suppliers who file occasionally.
Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| Notice of intent to lien (optional demand) | Starting at $75 | Starting at $110 |
| Mechanic’s lien statement: prepare, record and serve | Starting at $225 | Starting at $395 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
South Carolina lien questions
Does South Carolina require a preliminary notice?
No notice with a fixed deadline is required to have a lien. If a Notice of Project Commencement was filed, a sub-sub or supplier that sends a notice of furnishing to the contractor by certified or registered mail avoids a cap tied to what the contractor owes its subcontractor.
How long do I have to file a mechanic's lien in South Carolina?
You must serve the owner and file the sworn statement of account within 90 days after you last furnish labor or materials. If you do not, the lien is dissolved.
When must I sue to enforce the lien?
Within 6 months after you last furnish labor or materials. You must also file a notice of pendency of action in that time.
Can an owner remove my lien from the property?
Yes. The owner can file an undertaking equal to one and one-third times the claim. The claim then moves to that security.
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The information on this page is general information about South Carolina law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed South Carolina attorney about your specific situation.