How do I file a mechanic's lien in South Carolina?
South Carolina mechanic's liens are governed by S.C. Code §§ 29-5-10 through 29-5-430.
1. Who Can File
Contractors, subcontractors, suppliers, laborers, architects, engineers, surveyors, and others who furnish labor or materials for the erection, alteration, or repair of a building or structure (S.C. Code § 29-5-10).
2. Preliminary / Pre-Lien Notice
A subcontractor or supplier who does not deal directly with the owner must serve a Notice of Furnishing Labor and Materials on the owner (S.C. Code § 29-5-20). The notice protects lien rights for labor or materials furnished after service; without it, lien rights are limited.
3. Recording the Lien
File a verified Statement of Account of the demand with the county Register of Deeds (or clerk of court in non-RMC counties) where the property lies, within 90 days after the claimant ceases to provide labor or materials (S.C. Code § 29-5-90). The statement must contain a just and true account of the demand, after credits, with the property description and owner's name.
4. Service on Owner
A copy of the Statement of Account must be served on the owner within the same 90-day window, by personal service or registered/certified mail (S.C. Code § 29-5-90).
5. Suit to Foreclose
Commence foreclosure within 6 months after the claimant ceased to provide labor or materials (S.C. Code § 29-5-120). Failure terminates the lien.
6. Priority
The lien attaches as of the date the labor or materials are first furnished, taking priority over subsequent encumbrances but subordinate to prior recorded mortgages (S.C. Code § 29-5-10).
7. Bond Release
Owner may release the lien by filing a surety bond or cash deposit for the amount of the lien plus court-set additional security (often 125-150%) (S.C. Code § 29-5-110).
8. Homestead / Residential
For residential homestead property, the contractor must provide a Notice of Right to Cure to the owner before any payment dispute can lead to action; the homestead exemption (S.C. Code § 15-41-30) does not bar lien enforcement for improvements.
9. Fraudulent Lien Penalties
A willfully false or exaggerated lien is grounds for forfeiture, and the prevailing party in a frivolous-lien action may recover attorney's fees under S.C. Code § 29-5-10.
This is legal information, not legal advice.
- Sub did not serve the § 29-5-20 Notice of Furnishing
- Residential project subject to Notice of Right to Cure rules
- Owner bonds off the lien and claimant must perfect against surety
- S.C. Code §§ 29-5-10 et seq.
- S.C. Code § 29-5-20
- S.C. Code § 29-5-90
- S.C. Code § 29-5-120
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.