South Carolina Mechanics Lien Statutes: Deadlines, Venues & Citations
Where South Carolina liens are filed and enforced
A South Carolina mechanics lien is filed with the Clerk of Court (County) in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and South Carolina claimants lose rights far more often by missing the second one than the first.
South Carolina deadlines by claimant role
For general contractors: Record the lien — 90 days from last furnishing (S.C. Code Ann. § 29-5-90). For subcontractors and suppliers: Record the lien — 90 days from last furnishing (S.C. Code Ann. § 29-5-90); file suit — 6 months from lien recorded (S.C. Code Ann. § 29-5-120); bond notice — 90 days from last furnishing (S.C. Code Ann. § 11-35-3030); file suit — 1 years from last furnishing (S.C. Code Ann. § 11-35-3030); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)); file suit miller act — 1 years from last furnishing (40 U.S.C. § 3133(b)(1)). For owner: record notice of commencement — 0 days from contract execution (S.C. Code Ann. § 29-5-23). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to South Carolina
File mechanic's lien within 90 days of last furnishing of labor or materials. No preliminary notice required. File mechanic's lien within 90 days of last furnishing. Serve copy on owner within 30 days of recording. File suit to enforce lien within 6 months of recording. Lien expires after 6 months without enforcement. Written notice within 90 days of last furnishing on public works projects. No mechanic's lien on public property. File suit on payment bond within 1 year of last furnishing. Second-tier claimants only. No notice = no bond claim. File no sooner than 90 days AND no later than 1 year. Prime must pay sub within 7 days of receiving payment from owner. Interest at 1%/month on amounts wrongfully withheld.
How South Carolina notices must be served
South Carolina does not impose a preliminary notice on most claimants (N/A), but the notices it does require are strict on method. Accepted delivery for the notices tracked here: Certified Mail, Return Receipt Requested. Service runs to the Prime Contractor and Surety. Keep the proof of service in the project file — South Carolina disputes over whether a notice was properly served are decided on that documentation.
Public projects in South Carolina
No lien attaches to public property in South Carolina. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (S.C. Code Ann. § 11-35-3030). 5 public-project deadlines are tracked for South Carolina.
South Carolina statute citations
The South Carolina deadlines above come from S.C. Code Ann. § 29-5-90, S.C. Code Ann. § 29-5-120, S.C. Code Ann. § 11-35-3030, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), S.C. Code Ann. § 29-6-230, S.C. Code Ann. § 29-5-23. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed South Carolina construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in South Carolina?
90 days — From last date of furnishing. The filing goes to the Clerk of Court (County) in the project's county. See S.C. Code Ann. § 29-5-90. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in South Carolina?
With the Clerk of Court (County) in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does South Carolina require a preliminary notice?
Not for most claimants (N/A). Sub-tier claimants should still document first furnishing, because South Carolina's filing and enforcement windows are applied strictly.
How long do you have to enforce a South Carolina mechanics lien?
6 months — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
When must retainage be released in South Carolina?
Retainage released within 30 days of substantial completion. 10% maximum retainage. (S.C. Code Ann. § 11-35-3030).