SC · Mechanics Lien Law
South Carolina Mechanics Lien Law: Deadlines, Notices & Filing Guide
South Carolina requires both recording and sheriff service of a mechanics lien within 90 days of last furnishing under S.C. Code Ann. § 29-5-90, with public bond claims under § 29-5-10 et seq. The state's unusually strict service-by-sheriff and receipt-based bond notice rules make careful timing essential.
South Carolina mechanics lien deadlines at a glance
When the owner has filed a Notice of Project Commencement, sub-tier claimants should serve a Notice of Furnishing on the owner and general contractor within 30 days of first furnishing, since failing to do so may limit the lien to work performed after the notice is given. This notice is recommended practice tied to the presence of an NOC rather than an across-the-board mandatory requirement for every project.
A South Carolina mechanics lien must be recorded and served on the owner within 90 days of last furnishing labor or materials, under S.C. Code Ann. § 29-5-90. Service must typically be effected through the sheriff's office rather than by mail or a private process server, and missing either the recording or the service step within the 90 days is fatal to the claim.
An action to enforce the lien must be commenced within six months of last furnishing labor or materials, under S.C. Code Ann. § 29-5-120.
Sub-tier claimants on a South Carolina public project must ensure that the prime contractor actually receives, not merely is sent, written bond claim notice within 90 days of last furnishing. First-tier claimants are not strictly required to give notice but should do so as a matter of best practice, and because the clock runs from receipt rather than mailing, claimants should send notice at least a week early.
Primary statute
S.C. Code Ann. § 29-5-90 · S.C. Code Ann. § 29-5-10 et seq. (Little Miller Act)
Who can file a mechanics lien in South Carolina?
South Carolina lien rights extend to contractors, subcontractors, sub-subcontractors, material suppliers, and qualifying design professionals who furnished labor, materials, or services to the improvement.
Overview of South Carolina lien practice
South Carolina imposes procedural demands that go beyond simply meeting a filing date. The lien must be both recorded and served on the owner within 90 days of last furnishing under S.C. Code Ann. § 29-5-90, and that service generally must be carried out by the sheriff rather than through certified mail or a private process server — a detail that trips up claimants accustomed to other states' looser service rules. Missing either the recording or the service component within the 90-day window is fatal, with no partial credit for completing only one. Once suit is filed, a Lis Pendens should be recorded contemporaneously with the complaint to preserve priority against subsequent purchasers, and the enforcement action itself must be commenced within six months of last furnishing under § 29-5-120. On the notice side, sub-tier claimants should serve a Notice of Furnishing within 30 days of first furnishing when the owner has filed a Notice of Project Commencement. Public project bond claims add another wrinkle: because the 90-day clock runs from the prime contractor's actual receipt of notice rather than the date it was sent, claimants should mail well in advance. As always, confirming the correct owner of record and recording in the right county round out sound practice, and federal property remains outside the lien remedy.
Common pitfalls on South Carolina projects
Using the wrong method of service
Service by certified mail or a private process server is generally insufficient in South Carolina; the sheriff's office should be used instead.
Completing only recording or only service
Both recording and service on the owner must occur within the same 90-day window, and missing either step is fatal to the claim.
Delaying the Lis Pendens filing
The Lis Pendens should be filed contemporaneously with the complaint to preserve the lien's priority against subsequent purchasers.
Mailing bond notice too close to the deadline
The 90-day bond claim notice period runs from the prime contractor's receipt of the notice, not the mailing date, so claimants should send it at least a week early.
South Carolina mechanics lien FAQs
When must a mechanics lien be recorded in South Carolina?
The lien must be recorded and served on the owner within 90 days of last furnishing labor or materials, under S.C. Code Ann. § 29-5-90, with service typically carried out by the sheriff rather than by mail.
Is preliminary notice required in South Carolina?
When the owner has filed a Notice of Project Commencement, sub-tier claimants should serve a Notice of Furnishing on the owner and general contractor within 30 days of first furnishing, or risk limiting the lien to work performed after the notice.
How long do I have to enforce a lien in South Carolina?
An enforcement action must be commenced within six months of last furnishing labor or materials, under S.C. Code Ann. § 29-5-120.
What about South Carolina public projects?
Sub-tier claimants must ensure the prime contractor actually receives written bond claim notice within 90 days of last furnishing, while first-tier claimants should send notice as best practice even though it is not strictly required.
Filing a South Carolina mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.