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.
Choose your role to see which dates you need.
Your deadlines
| Document | Who | Deadline |
|---|---|---|
| Passed |
liens are filed through the courts by an attorney. Get matched with a lien attorney.
We can prepare and record the lien for you before the deadline. Start your lien.
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?
Do I need to send a preliminary notice in South Carolina?
Does a South Carolina mechanics lien need to be notarized?
Where is a mechanics lien filed in South Carolina?
How long is a South Carolina mechanics lien valid?
Can a subcontractor file a mechanics lien in South Carolina?
More South Carolina lien tools
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.