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
Circuit court clerk for the county
E-recording
Not generally available; plan on paper recording
Enforcement deadline
Within 6 months after the lien is recorded

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.

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 circuit court clerk for the county. Electronic recording is not generally available, so 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 the lien is recorded.

Wrongful lien exposure

South Carolina has no dedicated wrongful-lien penalty statute, but an inflated or baseless lien can still be challenged and removed at the claimant's expense.

Practitioner notes for South Carolina

Lien filing deadline: statement of mechanic’s lien must be filed within 90 days after the person last furnished labor or materials (S.C. Code Ann. §29-5-90(A)). Service: claimant must serve a copy of the statement of lien on the owner after filing (S.C. Code Ann. §29-5-90(A)); statute does not give a fixed day-count. Enforcement: action to foreclose the lien must be commenced within 6 months after the lien is filed (S.C. Code Ann. §29-5-120). Tenant improvements: lien typically requires owner consent/agency for leasehold work; treated here as owner_consent_required.

Statutory sources: S.C. Code Ann. §§ 29-5-10, 29-5-90, 29-5-120. Read the South Carolina lien statute.

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 circuit court clerk for the county. Paper filing is the norm, so allow time for mailing and the recorder's processing queue 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 the lien is recorded. 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.