South Carolina
Lien Waiver Forms
South Carolina lien waivers: enforceable only against payment actually made
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.
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 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 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 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 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.
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.
Create a free South Carolina lien waiver
The correct South Carolina form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.