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South Carolina
Lien Waiver Forms

South Carolina lien waivers: enforceable only against payment actually made

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State Rules

How South Carolina treats lien waivers

South Carolina does not prescribe a statutory lien waiver form: waivers need only be in writing, so our general-purpose conditional and unconditional progress and final waivers apply. The state does police timing: under S.C. Code § 29-7-20, an agreement to waive lien rights is against public policy and unenforceable unless payment substantially equal to the amount waived is actually made, which nullifies contract-stage advance waivers. The same section criminalizes a contractor falsely certifying that laborers and materialmen have been paid.

What to know about South Carolina lien waivers

  • South Carolina makes lien waivers unenforceable unless payment substantially equal to the amount waived is actually made (S.C. Code § 29-7-20). Exchange each waiver for the payment it covers rather than waiving in the contract. The same section makes falsely certifying that laborers or materialmen have been paid a criminal offense.

South Carolina lien waiver forms we generate

Four house forms cover every payment on a South Carolina project: conditional or unconditional, progress or final.

Conditional Progress

Conditional Waiver and Release of Lien: Progress Payment

Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.

Unconditional Progress

Unconditional Waiver and Release of Lien: Progress Payment

Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.

Conditional Final

Conditional Waiver and Release of Lien: Final Payment

Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.

Unconditional Final

Unconditional Waiver and Release of Lien: Final Payment

Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.

South Carolina has no statutory waiver form to download blank. The generator above fills in a general-purpose form with South Carolina's signing rules built in instead.

Signing a lien waiver in South Carolina

Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in South Carolina, built into every waiver we generate.

Advance waivers

S.C. Code § 29-7-20: an agreement to waive the right to file or claim a lien for labor and materials is against public policy and is unenforceable unless payment substantially equal to the amount waived is actually made. Waivers signed before payment, including in the construction contract, are unenforceable.

South Carolina execution rules

  • ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
  • ✓ Notarization: not required in South Carolina.
  • ✓ Witness: not required in South Carolina.
  • ✓ E-signature: available. Send South Carolina waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.

South Carolina lien waiver questions

Which lien waiver forms does South Carolina use?
South Carolina does not prescribe a statutory lien waiver form, so the format is up to the parties. Our generator uses four general-purpose forms: conditional and unconditional waivers for progress and final payments.
Do South Carolina lien waivers need to be notarized?
No. South Carolina does not require lien waivers to be notarized.
What is the difference between a conditional and an unconditional lien waiver in South Carolina?
A conditional waiver takes effect only once the payment it describes actually arrives; if the check bounces or never comes, your lien rights survive. An unconditional waiver gives up lien rights as soon as it is signed, whether or not you are ever paid, so sign one only after the money is in hand.
What is the difference between a progress and a final lien waiver in South Carolina?
A progress waiver covers a single progress payment and waives lien rights only for work through a stated date, leaving rights for later work intact. A final waiver goes with the last payment and waives all remaining lien rights on the project.
Is a lien waiver signed in advance enforceable in South Carolina?
S.C. Code § 29-7-20: an agreement to waive the right to file or claim a lien for labor and materials is against public policy and is unenforceable unless payment substantially equal to the amount waived is actually made. Waivers signed before payment, including in the construction contract, are unenforceable.

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