South Carolina Lien Laws

Lien laws in the state of South Carolina are in place to protect the rights of builders and other contractors to collect payment following services and materials rendered. If you are a builder or contractor, knowing and following these state lien laws, which are noted in the South Carolina state code, is essential to securing your eventual right to enforce actions on lien claims in the event that non-payment from project owners occurs.

Primary Contractors in South Carolina

Primary contractors in South Carolina must provide notice of project commencement no later than fifteen (15) days after beginning project for full lien claims right to remain intact. Any claim on lien is required to be filed no more than ninety (90) days after last date on project, including giving notice to owner of project of this claim on lien. Any action to enforce lien claims, including suits to foreclose, must begin no more than six (6) months after last date on project and requires lis pendens notice filing at that time.

Sub Contractors in South Carolina

In the state of South Carolina, sub contractors are required by law to provide notice to primary contractor of providing materials and labor before lien begins. Otherwise, sub contractors adhere to same lien claim filing and scheduling process as prime contractors in South Carolina, including:

• Giving claim on lien no less than ninety (90) days after last date on project, along with notice of claim on lien to owner
• Action to enforce or foreclose on lien must being no more than six (6) months of last day on project
• Lis pendens notice must be filed with action to foreclose on lien

Materials Suppliers in South Carolina

Materials suppliers, or materialmen, must provide notice to primary contractors of all materials provided before lien begins. From this point forward, materials suppliers adhere to the same notice, claim, and actions to foreclose procedures as sub contractors and primary contractors, which are noted above.