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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of South Carolina's mechanic's lien laws to help you protect your right to payment.
Not required if contracted directly with the owner
If hired by someone other than the owner, must give written Notice to Owner under S.C. Code § 29-5-40
If not in direct contract with the owner, a written Notice to Owner is required, ideally as soon as work begins
If not in direct contract with the owner, a written Notice to Owner is required, ideally as soon as work begins
Not required
Not required
Not required
Within 90 days after last furnishing of labor or materials
Within 90 days after last furnishing of labor or materials
Within 90 days after last furnishing of labor
Within 6 months after last furnishing of labor or materials
Within 6 months after last furnishing of labor or materials
Within 6 months after last furnishing of labor
Unpaid contract amount for labor, materials, and lienable services
Unpaid value of labor, materials, and lienable services, limited by the owner's unpaid balance
Unpaid value of labor performed, limited by the owner's unpaid balance
Mechanic's liens in South Carolina are governed by Title 29, Chapter 5 of the South Carolina Code of Laws and apply only to private construction projects. If you're unpaid on public work, payment protection is handled through a payment bond claim (not a lien against a property). See S.C. Code § 29-5-440.
The key document in South Carolina is the Statement of Account, which must be served on the owner and recorded within 90 days after the last furnishing of labor or materials. For subcontractors, suppliers, and laborers who are not in direct contract with the owner, providing a written Notice to Owner early in the project is critical to preserve full lien rights.
In South Carolina, mechanic’s lien rights extend to parties who furnish labor, materials, or qualifying services to improve real private property, including:
- General (original) contractors
- Subcontractors and lower-tier contractors
- Material suppliers
- Laborers and tradespeople
- Equipment and tool lessors
- Surveyors
- Certain real estate licensees for commercial real estate services under a qualifying written agreement (S.C. Code § 29-5-21(B))
- Landscape service providers (over $5,000, with a written contract)
- Private security services and construction-related debris disposal services
- Construction and demolition debris disposal services (treated as labor)
South Carolina allows liens for work that contributes to an improvement of real estate, meaning labor, materials, or services actually used in erecting, altering, repairing, or preparing land for a private structure (S.C. Code §§ 29-5-10 and 29-5-20).
Here are some examples of what’s considered lienable and what isn’t.
Lienable Work in South Carolina
- On-site labor for the construction, alteration, or repair of a building or structure
- Materials furnished and actually used in the improvement
- Plans, specifications, and design drawings tied to the improvement
- Site preparation and improvement work, including grading, excavating, land clearing, paving, utility installation, and drainage work
- Landscaping services over $5,000 performed under a written agreement
- Surveying and other qualifying professional services
- Equipment or machinery rented for use on the project (to the extent of reasonable rental value during actual use)
- Private security guard services at the jobsite
- Construction and demolition debris disposal services
Non-Lienable Work in South Carolina
- Work on public projects
- Labor or materials not authorized by or consented to by the owner
- Materials not actually used in the improvement
- Administrative or purely off-site services unrelated to improving the property
Before filing a lien in South Carolina, make sure you’ve met any notice or preliminary requirements that apply to your role (see table above).
Deadline to File
All claimants must serve the owner and record a Statement of Account (which constitutes the lien filing) within 90 days after last furnishing labor or materials on the project under S.C. Code § 29-5-90.
Filing Requirements
- Filing location: Record the Statement of Account with the Clerk of Court or Register of Deeds in the county where the property is located.
- Form requirements: South Carolina does not provide a mandatory form, but the Statement of Account must include:
- A just and true account of the amount due, with credits applied
- A description of the property sufficient for identification
- The name of the property owner (if known)
- Licensing disclosure: Contractors required to be licensed must include their license or registration number on the lien document (S.C. Code § 29-5-15).
- Verification: The Statement of Account must be sworn to under oath by the claimant or an authorized representative.
- Filing fee: Varies by county.
Service Requirements
The Statement of Account must be served on the owner (or person in possession if the owner cannot be found) within the same 90-day window. If the owner cannot be located, the lien may still be preserved by recording the Statement of Account together with an affidavit from the sheriff or deputy verifying that the owner could not be found (S.C. Code § 29-5-90).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in South Carolina.
Enforcement Requirements
- Enforcement deadline: File a lawsuit and a notice of lis pendens within 6 months after last furnishing of labor or materials (S.C. Code § 29-5-120).
- Filing location: The action is filed in the Court of Common Pleas for the county where the property is located.
- Lien priority: Priority generally depends on timing and notice. Liens are subject to prior recorded mortgages, and multiple lienors may share proceeds proportionally if funds are insufficient.
Lien Release Requirements
Once the debt is paid, the claimant should enter a discharge on the margin of the registry or execute a release that can be recorded where the Statement of Account is recorded. If six months pass and the claimant doesn’t do this, the lien may also be released through court order or approved attorney affidavits as described in S.C. Code § 29-5-120(B).
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It depends. Contractors who are required to be licensed must include their license or registration number on the lien filing. Failure to comply with licensing requirements can jeopardize lien rights and may expose the contractor to fines or license discipline (S.C. Code § 29-5-15).
No, South Carolina’s lien deadlines are fixed by statute.
No, South Carolina does not require a notice of intent to lien before filing a mechanic’s lien.
It depends on your role. Subcontractors, suppliers, and laborers who are not in direct contract with the owner must give written notice to the owner for their lien to attach to the owner’s interest (S.C. Code § 29-5-40). There is no statutory deadline, but best practice is to send the notice as soon as work begins (if applicable).
All other claimants are exempt from submitting this preliminary notice.
There is no statutory lien waiver form in South Carolina, so parties are free to use any format they choose. To ensure complete compliance, brush up on the specifics in our South Carolina lien waiver guide before your next project.
A South Carolina mechanic’s lien may cover the unpaid value of lienable labor, materials, and qualifying services actually furnished to the project. Equipment may be included only to the extent of its reasonable rental value during actual use.
For lower-tier parties, there are statutory limits. Under S.C. Code § 29-5-20(B), the total amount of liens filed by a lower-tier contractor or supplier generally cannot exceed the amount the GC owes the subcontractor who hired them—unless the claimant sends the general contractor a compliant Notice of Furnishing by certified or registered mail.
Attorney’s fees and court costs are not automatically part of the lien amount, but a court may award them to the prevailing party, subject to a cap equal to the lien amount (S.C. Code §§ 29-5-10, 29-5-20).
No. South Carolina mechanic’s lien rights can arise from written, oral, or implied agreements. However, written contracts are strongly recommended because they make it much easier to prove the scope of work, payment terms, and amount owed if the lien is challenged.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.