South Carolina Mechanics Lien
Deadlines & Filing Rules

Every notice, deadline, and recording requirement for a South Carolina construction lien, drawn from S.C. Code Ann. §§ 29-5-10, 29-5-90, 29-5-120 and the same rule engine that calculates deadlines for our filing customers.

South Carolina lien rules at a glance

Preliminary notice
Not required to preserve lien rights
Lien filing deadline
within 90 days after last furnishing labor or materials
Notarization
Required
The lien claim must be sworn to under oath
Where to record
County register of deeds or clerk of court (whichever office records deeds in that county)
E-recording
Varies by county
Ask the recording office whether it accepts electronic recording before you rely on it.
Enforcement deadline
Within 6 months after last furnishing labor or materials

Who can file a mechanics lien in South Carolina

Lien rights depend on where you sit in the contracting chain. Tenant-ordered work can reach the owner's interest in South Carolina only where the owner consented to or required the improvements.

Claimant Lien rights in South Carolina
General contractor (direct contract with the owner) Yes
Subcontractor (hired by the general contractor) Yes
Sub-subcontractor (hired by a subcontractor) Yes
Material supplier to the owner Yes
Material supplier to the general contractor Yes
Material supplier to a subcontractor Yes

South Carolina mechanics lien deadlines

Not required to preserve lien rights.

Calculate your South Carolina deadlines

Enter your role and project dates to turn the rules below into calendar dates. For other states, use the mechanics lien deadline calculator.

Project type

Choose your role to see which dates you need.

These dates come from the same rules our lien filing service uses. They are not moved for weekends or holidays. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.

Mechanics lien filing deadline

The last day the lien can be recorded against the property.

Who Project type Deadline
All claimants All projects Within 90 days after last furnishing labor or materials

South Carolina does not require a notice of intent before recording a lien, but sending one is often what gets the invoice paid.

Recording and enforcing a South Carolina lien

Recording the lien

Record with the county register of deeds or clerk of court (whichever office records deeds in that county). Whether electronic recording is accepted varies by county, so confirm with the recording office and build mailing time into the deadline. The lien must be notarized. The lien claim must be sworn to under oath.

After recording

A copy of the recorded lien must be served on the property owner promptly after recording. To keep the lien alive it must be enforced by lawsuit within 6 months after last furnishing labor or materials.

Wrongful lien exposure

In South Carolina, a wrongful lien claimant can be ordered to pay the owner's attorney fees and costs. If the owner defeats the lien, the court must award the owner costs and a reasonable attorney fee, capped with costs at the lien amount (§ 29-5-20(A); § 29-5-10(a) lets the prevailing party recover). A statement that willfully and knowingly claims more than is due invalidates the lien proceedings (§ 29-5-100).

Practitioner notes for South Carolina

South Carolina mechanics liens are governed by Title 29, Chapter 5 of the Code. No preliminary notice is required to have a lien. Within 90 days after the claimant last furnishes labor or materials, it must both serve the lien statement on the owner and file it with the register of deeds or clerk of court in the county where the property is located (S.C. Code 29-5-90). If the owner and anyone in possession cannot be found, an affidavit from the sheriff or a deputy lets the claimant preserve the lien by filing alone. The statement must be sworn and give a true account of the amount due, a description of the property, and the owner's name. The suit to enforce the lien, and a notice of pendency of the action, must be filed within 6 months after the claimant last furnished labor or materials (29-5-120). That clock runs from last furnishing, not from the date the lien was filed. If a contractor files a notice of project commencement, sub-subcontractors and suppliers to subcontractors should send the contractor a notice of furnishing by certified or registered mail. Without it, their liens are limited to what the contractor still owes the subcontractor they worked for (29-5-20, 29-5-23). The statute sets no deadline for this notice, so send it early; confirm with counsel. Costs and attorney fees go to the winning side. If the owner defeats the lien, the court must award the owner costs and a reasonable attorney fee, and fees and costs together cannot exceed the lien amount (29-5-20). A claimant who willfully and knowingly claims more than is due can lose the lien (29-5-100).

These notes summarize the statute as we read it.

Statutory sources: S.C. Code Ann. §§ 29-5-10, 29-5-90, 29-5-120. Read the South Carolina lien statute. Deadlines turn on facts specific to your project. Confirm with counsel before relying on them.

File your South Carolina mechanics lien

We calculate the South Carolina deadlines from your project dates, prepare the lien on the correct form, and handle recording. Self-serve from $99, or full service with recording and notices handled for you from $299.

South Carolina mechanics lien FAQ

How long do I have to file a mechanics lien in South Carolina?
The South Carolina lien must be recorded within 90 days after last furnishing labor or materials. The same deadline applies to every claimant.
Do I need to send a preliminary notice in South Carolina?
No. South Carolina does not require a preliminary notice to preserve lien rights, although sending one is still an effective way to get paid before a lien becomes necessary.
Does a South Carolina mechanics lien need to be notarized?
Yes. The lien must be notarized before it is recorded. The lien claim must be sworn to under oath.
Where is a mechanics lien filed in South Carolina?
With the county register of deeds or clerk of court (whichever office records deeds in that county). Whether electronic recording is accepted varies by county, so check with the recording office and allow time for mailing and processing when working back from your deadline.
How long is a South Carolina mechanics lien valid?
A South Carolina lien must be enforced through a foreclosure lawsuit within 6 months after last furnishing labor or materials. If no suit is filed by then, the lien expires and can no longer be used to force payment.
Can a subcontractor file a mechanics lien in South Carolina?
Yes. Subcontractors have lien rights in South Carolina, and so do sub-subcontractors.

This page summarizes South Carolina lien law for general information and is not legal advice. Deadlines depend on your role, project type, and dates; confirm them against the statute or with counsel before relying on them.