Mechanics Lien Deadlines in South Carolina
South Carolina mechanics lien law requires a claimant to serve the owner and file a sworn statement of account within ninety days after ceasing to furnish labor or materials, and to commence an enforcement suit within six months after that same event.
South Carolina Code of Laws Title 29, Chapter 5 governs mechanics liens on buildings and structures. It sets out who may claim a lien, the deadline to serve the owner and file the required statement of account, and the deadline to bring suit to enforce the lien. The sections below quote the controlling provisions of that chapter.
Filing and enforcing a mechanics lien in South Carolina
A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate, by agreement with or consent of the owner, has a lien upon the building or structure and upon the interest of the owner in the lot of land on which it is situated. 1
The class of claimants also includes every laborer, mechanic, subcontractor, or person furnishing material for an improvement of real estate authorized by the owner, who has a lien to the value of the labor or material furnished, subject to existing liens of which he has actual or constructive notice. 2
A person in a direct agreement with, or with the consent of, an owner for the improvement of real property may file a notice of project commencement with the clerk of court or register of deeds, and that notice must be filed within fifteen days of the commencement of work. 3
When work is done or material is furnished upon the employment of a contractor or some person other than the owner, the laborer, mechanic, contractor, or materialman must notify the owner in writing of the furnishing of the labor or material and its amount or value. 4
The lien is dissolved unless the claimant, within ninety days after he ceases to labor on or furnish labor or materials for the building or structure, serves the owner and files a statement of a just and true account of the amount due in the office of the register of deeds or clerk of court of the county where the building is situated. 5
Unless a suit for enforcing the lien is commenced and a notice of pendency of the action is filed within six months after the person ceases to labor on or furnish labor or material for the building or structure, the lien must be dissolved. 6
The aggregate amount of liens filed by a sub-subcontractor or supplier may not exceed the amount the contractor owes the subcontractor unless the sub-subcontractor or supplier has provided notice of furnishing labor or materials by certified or registered mail to the contractor. 7
Sources
In South Carolina, a person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate, by agreement with or consent of the owner, has a lien upon the building or structure and upon the interest of the owner in the lot of land on which it is situated.
Every laborer, mechanic, subcontractor, or person furnishing material for the improvement of real estate authorized by the owner has a lien on it, subject to existing liens of which he has actual or constructive notice, to the value of the labor or material furnished.
Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file a notice of project commencement with the clerk of court or register of deeds, and that notice must be filed within fifteen days of the commencement of work.
When work is done or material is furnished for the improvement of real estate upon the employment of a contractor or some person other than the owner, the laborer, mechanic, contractor, or materialman must notify the owner in writing of the furnishing of the labor or material and its amount or value.
The lien is dissolved unless the claimant, within ninety days after he ceases to labor on or furnish labor or materials for the building or structure, serves the owner and files a statement of a just and true account of the amount due in the office of the register of deeds or clerk of court of the county where the building is situated.
Unless a suit for enforcing the lien is commenced and a notice of pendency of the action is filed within six months after the person ceases to labor on or furnish labor or material for the building or structure, the lien must be dissolved.
The aggregate amount of liens filed by a sub-subcontractor or supplier may not exceed the amount the contractor owes the subcontractor unless the sub-subcontractor or supplier has provided notice of furnishing labor or materials by certified or registered mail to the contractor.
Frequently asked questions
- How long do I have to file a mechanics lien in South Carolina?
- The lien is dissolved unless you serve the owner and file your statement of account within ninety days after you cease to labor on or furnish labor or materials for the building or structure.
- How long do I have to enforce a South Carolina mechanics lien?
- You must commence a suit to enforce the lien and file a notice of pendency of the action within six months after you cease to labor on or furnish labor or material for the building or structure.
- Is there a notice that can be filed when a project starts?
- A person in a direct agreement with the owner may file a notice of project commencement with the clerk of court or register of deeds within fifteen days of the commencement of work.
Last reviewed 8.4.26
This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.