South Carolina Notice of Project Commencement & Notice of Furnishing — § 29-5-23 Filing Guide (2026)
✓ Verified against South Carolina statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
South Carolina mechanics lien deadlines at a glance
Preliminary Notice
None — N/A
Mechanics Lien
90 days — From last date of furnishing
Enforcement
6 months — From filing
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Who Files the South Carolina NPC and Who Must Respond
The owner files the NPC under § 29-5-23(A) (or the general contractor with the owner's authorization). When the NPC is recorded and posted, every sub-tier subcontractor, sub-subcontractor, material supplier, and equipment lessor that has not contracted directly with the owner must serve a written Notice of Furnishing on both the owner and the prime contractor within the statutory window after first furnishing labor, services, or materials. Direct-contract claimants in privity with the owner do not need to serve a Notice of Furnishing. Filing the NPC is optional but strategically valuable on commercial projects of $250,000 or more — most large South Carolina developers and homebuilders file an NPC as a matter of course on every qualifying project.
When the NPC and Notice of Furnishing Must Be Filed
The owner records the NPC at or near the start of construction — there is no fixed statutory deadline, but the protective effect runs only from the date of recording forward, so an NPC filed late in the project does not retroactively impose a Notice-of-Furnishing duty on sub-tier claimants who have already been furnishing for weeks or months. Best practice is to record on or before the date the prime mobilizes on Day 1. The sub-tier Notice of Furnishing under § 29-5-23(C) runs from the date the sub-tier claimant first furnishes labor, services, or materials. Best practice is service on Day 1 of mobilization to eliminate timing disputes.
Required Information on the South Carolina NPC
S.C. Code Ann. § 29-5-23(B) requires the NPC to include the legal description and street address of the property, the owner's name and address, the general contractor's name and address (if any), the construction lender's name and address (if any), the date of project commencement, a description of the improvement, and a statement of the consequences of failing to serve a Notice of Furnishing. The NPC must be both recorded with the Register of Deeds (or Clerk of Court in counties without a separate Register) AND posted in a conspicuous location on the project site.
Where the NPC Is Recorded — Register of Deeds vs. Clerk of Court
South Carolina has 46 counties, and the office that maintains real-property records varies by county. Most counties use a Register of Deeds (Charleston, Greenville, Richland, Lexington, Spartanburg, Horry, Berkeley, Beaufort, Anderson, Pickens, Aiken, Florence, Sumter, Orangeburg, and Dorchester among them). Smaller counties record with the Clerk of Court. Filing in the wrong office under § 29-5-23 may render the recording ineffective. Recording fees in most South Carolina counties run roughly $10–$25 for a single-page NPC.
Connection to the South Carolina Mechanics Lien
The NPC under § 29-5-23 is a pre-lien-notice trigger — it does not by itself create or perfect a lien. The actual South Carolina mechanics lien is filed under § 29-5-90 with the Register of Deeds (or Clerk of Court) in the county where the property is located within 90 days of the claimant's last furnishing of labor, services, or materials. After filing, the lien must be enforced by lawsuit in the Court of Common Pleas under § 29-5-120 within six months of filing or the lien expires by operation of law. The NPC's role is solely to compress the sub-tier's pre-filing window and to limit the lien claim to unpaid funds in the owner's hands when the sub-tier finally serves its Notice of Furnishing under the § 29-5-40 unpaid-funds rule.
How to Amend or Re-Record the NPC
When project facts change — substitute general contractor mid-project, refinanced construction lender, expanded scope, updated project description — the better practice is to record an amended NPC reflecting the updated facts and post a fresh copy on the project site. The amended NPC is recorded with the same Register of Deeds (or Clerk of Court) and indexed against the same parcel. The Mechanics Lien Management Method recommends an NPC review at the 60-day, 120-day, and 180-day marks on every active South Carolina project where an NPC has been filed.
Frequently Asked Questions
Who files a South Carolina Notice of Project Commencement?
The owner under § 29-5-23(A), or the general contractor with the owner's authorization. The NPC is filed with the Register of Deeds (or Clerk of Court) in the county where the property is located, and a copy is posted in a conspicuous location on the project site. Filing is optional but strategically valuable — it triggers the sub-tier Notice of Furnishing duty under § 29-5-23(C).
When must the sub-tier Notice of Furnishing be served?
When the owner has recorded an NPC under § 29-5-23, every sub-tier claimant must serve a written Notice of Furnishing on both the owner and the prime contractor within the statutory window after first furnishing. Late or missing service triggers the unpaid-funds limitation under § 29-5-40 — the lien claim is limited to amounts the owner still owes the prime when Notice is finally served.
Does South Carolina require an NPC on every project?
No. § 29-5-23 makes the NPC optional. When the owner does not file an NPC, sub-tier claimants are not required to serve a Notice of Furnishing — instead, any claimant proceeds directly to the lien filing under § 29-5-90 within 90 days of last furnishing labor, services, or materials.
What information must the NPC contain?
Legal description and street address of the property, owner's name and address, general contractor's name and address (if any), construction lender's name and address (if any), date of project commencement, description of the improvement, and a statement of the consequences of failing to serve a Notice of Furnishing. The NPC must be both recorded with the Register of Deeds (or Clerk of Court) and posted on the project site.
How does the NPC connect to the South Carolina mechanics lien?
The NPC under § 29-5-23 is a pre-lien-notice trigger — it does not itself create or perfect a lien. The actual mechanics lien is filed under § 29-5-90 within 90 days of last furnishing, with a six-month Court of Common Pleas enforcement window under § 29-5-120. The NPC's role is to compress the sub-tier's pre-filing window and limit the lien claim to unpaid funds in the owner's hands when the sub-tier finally serves its Notice of Furnishing.
Where do I record the South Carolina mechanics lien itself?
With the Register of Deeds (or Clerk of Court in counties without a separate Register) in the South Carolina county where the property is located. Major filing offices include Charleston, Richland (Columbia), Greenville, Spartanburg, Lexington, Horry (Myrtle Beach), Berkeley, Beaufort, York, Anderson, and Florence counties. Recording fees vary by county but typically run $10–$25 for a single-page filing.