South Carolina Lien Laws
Lien laws vary significantly across states, reflecting the diverse legal landscapes and economic conditions throughout the U.S. These laws govern the rights of creditors to claim an interest in property to secure payment for debts. For instance, some states have specific statutes that provide detailed processes for mechanics’ liens, allowing contractors and suppliers to enforce claims for unpaid work or materials on construction projects. In contrast, other states might have more streamlined or less detailed regulations.
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Supplier – Preliminary notice requirements to file mechanic lien
If the prime contractor records notice of commencement then suppliers and subcontractors must serve prime contractor with notice of furnishing – notice of furnishing not set in statute; however, the total aggregate amount of liens on the improvement cannot exceed the amount due by the owner to the general contractor.
Supplier – Mechanic Lien
90 days: Lien must be filed within 90 days from last labor or materials furnished.
Subcontractor – Preliminary notice requirements to file mechanic lien
If the prime contractor records notice of commencement then suppliers and subcontractors must serve prime contractor with notice of furnishing – notice of furnishing not set in statute; however, the total aggregate amount of liens on the improvement cannot exceed the amount due by the owner to the general contractor.
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last labor or materials furnished.
General Contractor – Preliminary notice requirements to file mechanic lien
Optional: Notice of project commencement due withing 15 days of commencement. This provides additional protections to the general contractor against potential lien claimants.
General Contractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last labor or materials furnished.
Timeframe to foreclose lien
Enforced within 6 months from last providing labor or materials.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed.