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].