Lien deadlines · South Carolina

South Carolina mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

For direct contractors, subcontractors, sub-subcontractors, suppliers and laborers, South Carolina's lien filing deadline is 90 days after the person ceases to labor on or furnish labor or materials for the building or structure (S.C. Code § 29-5-90), and the deadline to sue is 6 months after the person ceases to labor on or furnish labor or material for the building or structure (§ 29-5-120(A)).

South Carolina · Lien deadlinesVerified 2026-10-02
Lien filing
90 days after the person ceases to labor on or furnish labor or materials for the building or structure
Preliminary notice
None required
Deadline to sue
6 months after the person ceases to labor on or furnish labor or material for the building or structure

Preliminary notice

WhoProject typeBranchDeadlineStatute
Sub-subcontractor, SupplierAnyWhere a notice of project commencement is filed, for a notice of furnishing labor or materials sent to the contractorNone requiredStatute: S.C. Code § 29-5-20(B); S.C. Code § 29-5-23
What the statute says about it. Without the notice, the aggregate amount of any liens filed by a sub-subcontractor or supplier may not exceed the amount due by the contractor to the subcontractor to whom it supplied labor, material, or services. After the contractor receives the notice, no payment by the contractor to the subcontractor lessens the amount recoverable by the person giving it. Recipients: The contractor. Delivery: Certified or registered mail
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyFor a written notice to the owner of the furnishing of labor or material and its amount or value, where the work is done or material furnished upon the employment of a contractor or some other person than the ownerNone requiredStatute: S.C. Code § 29-5-40
What the statute says about it. On that notice, the lien given by section 29-5-20 attaches upon the real estate improved as against the true owner for the amount of the work done or material furnished, but the aggregate amount of liens may not exceed the amount due by the owner on the contract price of the improvement. Recipients: The owner. Delivery: In writing
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: S.C. Code § 29-5-10(a); S.C. Code § 29-5-20(A); S.C. Code § 29-5-90
(B) In no event shall the aggregate amount of any liens filed by a sub-subcontractor or supplier exceed the amount due by the contractor to the subcontractor to whom the sub-subcontractor or supplier has supplied labor, material, or services unless the sub-subcontractor or supplier has provided notice of furnishing labor or materials by certified or registered mail to the contractor.
S.C. Code § 29-5-20(B) · Official text · retrieved 2026-10-02
After receiving such notice, no payment by the contractor to the subcontractor will lessen the amount recoverable by the person so giving notice.
S.C. Code § 29-5-20(B) · Official text · retrieved 2026-10-02
The failure to file a notice of project commencement shall render the provisions of Sections 29-5-20(B) and 29-5-60(B) inapplicable.
S.C. Code § 29-5-23 · Official text · retrieved 2026-10-02
Whenever work is done or material is furnished for the improvement of real estate upon the employment of a contractor or some other person than the owner and such laborer, mechanic, contractor or materialman shall in writing notify the owner of the furnishing of such labor or material and the amount or value thereof, the lien given by SECTION 29-5-20 shall attach upon the real estate improved as against the true owner for the amount of the work done or material furnished. But in no event shall the aggregate amount of liens set up hereby exceed the amount due by the owner on the contract price of the improvement made.
S.C. Code § 29-5-40 · Official text · retrieved 2026-10-02
(a) A person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the erection, alteration, or repair of a building or structure upon real estate or the boring and equipping of wells, by virtue of an agreement with, or by consent of, the owner of the building or structure, or a person having authority from, or rightfully acting for, the owner in procuring or furnishing the labor or materials shall have a lien upon the building or structure and upon the interest of the owner of the building or structure in the lot of land upon which it is situated to secure the payment of the debt due to him.
S.C. Code § 29-5-10(a) · Official text · retrieved 2026-10-02
(A) Every laborer, mechanic, subcontractor, or person furnishing material for the improvement of real estate when the improvement has been authorized by the owner has a lien thereon, subject to existing liens of which he has actual or constructive notice, to the value of the labor or material so furnished, including the costs of the action and a reasonable attorney's fee which must be determined by the court in which the action is brought but only if the party seeking to enforce the lien prevails.
S.C. Code § 29-5-20(A) · Official text · retrieved 2026-10-02
Such a lien shall be dissolved unless the person desiring to avail himself thereof, within ninety days after he ceases to labor on or furnish labor or materials for such building or structure, serves upon the owner or, in the event the owner cannot be found, upon the person in possession and files in the office of the register of deeds or clerk of court of the county in which the building or structure is situated a statement of a just and true account of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known, which certificate shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall be recorded in a book kept for the purpose by the register or clerk who shall be entitled to the same fees therefor as for recording mortgages of equal length.
S.C. Code § 29-5-90 · Official text · retrieved 2026-10-02

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault90 days after the person ceases to labor on or furnish labor or materials for the building or structureStatute: S.C. Code § 29-5-90
What the statute says about it. Otherwise the lien is dissolved.
Such a lien shall be dissolved unless the person desiring to avail himself thereof, within ninety days after he ceases to labor on or furnish labor or materials for such building or structure, serves upon the owner or, in the event the owner cannot be found, upon the person in possession and files in the office of the register of deeds or clerk of court of the county in which the building or structure is situated a statement of a just and true account of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known, which certificate shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall be recorded in a book kept for the purpose by the register or clerk who shall be entitled to the same fees therefor as for recording mortgages of equal length.
S.C. Code § 29-5-90 · Official text · retrieved 2026-10-02

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault90 days after the person ceases to labor on or furnish labor or materials for the building or structureStatute: S.C. Code § 29-5-90
What the statute says about it. Otherwise the lien is dissolved. Recipients: The owner or, if the owner cannot be found, the person in possession. Delivery: Served upon the owner or the person in possession. If neither can be located after diligent search, and this is verified by affidavit of the sheriff or a deputy, the lien may be preserved by filing the statement together with the affidavit.
Such a lien shall be dissolved unless the person desiring to avail himself thereof, within ninety days after he ceases to labor on or furnish labor or materials for such building or structure, serves upon the owner or, in the event the owner cannot be found, upon the person in possession and files in the office of the register of deeds or clerk of court of the county in which the building or structure is situated a statement of a just and true account of the amount due him, with all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate for identification, with the name of the owner of the property, if known, which certificate shall be subscribed and sworn to by the person claiming the lien or by someone in his behalf and shall be recorded in a book kept for the purpose by the register or clerk who shall be entitled to the same fees therefor as for recording mortgages of equal length.
S.C. Code § 29-5-90 · Official text · retrieved 2026-10-02
Provided, that in the event neither the owner nor the person in possession can be located after diligent search, and this fact is verified by affidavit of the sheriff or his deputy, the lien may be preserved by filing the statement together with the affidavit.
S.C. Code § 29-5-90 · Official text · retrieved 2026-10-02

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault6 months after the person ceases to labor on or furnish labor or material for the building or structureStatute: S.C. Code § 29-5-120(A)
What the statute says about it. Otherwise the lien must be dissolved.
(A) Unless a suit for enforcing the lien is commenced and notice of pendency of the action is filed within six months after the person desiring to avail himself of it ceases to labor on or furnish labor or material for the building or structure, the lien must be dissolved.
S.C. Code § 29-5-120(A) · Official text · retrieved 2026-10-02

Notice of commencement and completion

Any person entering into a direct agreement with, or with the consent of, an owner may file a notice of project commencement with the clerk of court or register of deeds, within fifteen days of the commencement of work. If no notice of project commencement is filed, section 29-5-20(B), which limits the liens of a sub-subcontractor or supplier who has not sent a notice of furnishing to the contractor, does not apply.

Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file with the clerk of court or register of deeds in the county or counties where the real property is situate a notice of project commencement.
S.C. Code § 29-5-23 · Official text · retrieved 2026-10-02
The notice must be filed within fifteen days of the commencement of work and must be accompanied by a filing fee of fifteen dollars to be deposited in that county's general fund.
S.C. Code § 29-5-23 · Official text · retrieved 2026-10-02
The failure to file a notice of project commencement shall render the provisions of Sections 29-5-20(B) and 29-5-60(B) inapplicable.
S.C. Code § 29-5-23 · Official text · retrieved 2026-10-02

Who the deadlines apply to

South Carolina's mechanics lien chapter is S.C. Code tit. 29, ch. 5, and every rule on this page reaches any project type [1]. Three stages name all five roles the table uses: the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer. Those stages are the lien filing, the service of the statement of account, and the suit to enforce the lien [1].

The preliminary notice stage reads None required in each of its three rows, but two of those rows describe notices the chapter attaches a result to. One names sub-subcontractors and suppliers. The other names subcontractors, sub-subcontractors, suppliers and laborers, and leaves out the direct contractor [1].

How the periods run

Notice to the contractor. Where a notice of project commencement is filed, for a notice of furnishing labor or materials sent to the contractor, § 29-5-20(B) sets a cap. Without that notice, the combined liens filed by a sub-subcontractor or supplier cannot exceed what the contractor owes the subcontractor it supplied [1]. Once the contractor receives the notice, a later payment from the contractor to that subcontractor does not reduce what the sender can recover [1]. It goes to the contractor by certified or registered mail [1].

Notice to the owner. For a written notice to the owner of the furnishing of labor or material and its amount or value, where the work is done or material furnished upon the employment of a contractor or some other person than the owner, § 29-5-40 attaches the lien to the improved real estate as against the true owner [1]. The total of those liens is limited to the amount the owner still owes on the contract price of the improvement [1].

The statement of account. One sentence of § 29-5-90 sets two steps on the same clock: the statement of account is served on the owner and filed with the register of deeds or clerk of court. Both carry the label 90 days after the person ceases to labor on or furnish labor or materials for the building or structure [1]. If the owner cannot be found, service goes to the person in possession [1]. If neither can be located after diligent search, and a sheriff or deputy verifies that by affidavit, the statute says the lien may be preserved by filing the statement together with the affidavit [1]. Missing the period leaves the lien dissolved, in the statute's terms [1].

The suit. Section 29-5-120(A) pairs two acts: commencing a suit to enforce the lien and filing a notice of pendency of the action. Its label is 6 months after the person ceases to labor on or furnish labor or material for the building or structure [1]. Without both acts in time, the statute says the lien must be dissolved [1].

Notice of project commencement

Under § 29-5-23, any person entering into a direct agreement with an owner, or with the owner's consent, may file a notice of project commencement with the clerk of court or register of deeds, within fifteen days of the commencement of work [1]. When no such notice is filed, the cap in § 29-5-20(B) on the liens of a sub-subcontractor or supplier that has not sent a notice of furnishing to the contractor does not apply [1].

What changed recently

Section 29-5-120, on the time for bringing suit, was amended by 2009 Act No. 40, effective June 2, 2009 [1]. Section 29-5-10 was last amended by 2003 Act No. 51, § 29-5-20 by 1999 Act No. 83, and § 29-5-23 by 2000 Act No. 240 [1]. Section 29-5-90, which holds the statement of account, was last amended in 1957 [1].

Related

Lien deadlines: other states

Sources

  1. S.C. Code tit. 29, ch. 5, South Carolina Legislature (retrieved 2026-10-02)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
  3. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  4. : 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
  5. : Dataset first published: 9 of 51 jurisdictions published.