South Carolina Mechanics’ Lien Law: Deadlines, Requirements & FAQ

Deadlines at a glance

These are the general statutory periods; how they apply to your project is fact-specific. All dates attorney-verified before we serve or file anything.

Who can file a mechanics’ lien in South Carolina?

Contractors, subcontractors, laborers and material suppliers who furnish labor or materials that improve real property, by agreement with — or with the consent of — the owner, can claim a lien under S.C. Code Ann. § 29-5-10 et seq. Sub-tier claimants’ liens are subject to statutory limits tied to what the owner still owes on the project (§ 29-5-20).

How long do I have to file a mechanics’ lien?

Ninety days from your last date of work — and within that window the lien must be served on the owner first, then filed with the Register of Deeds or Clerk of Court in the county where the property is located (§ 29-5-90). Miss either half and the lien right is lost.

Does my contractor license number have to appear on the lien?

Yes — if you are required to be licensed or registered, the county will not accept the lien for filing without your license or registration number on the lien document (§ 29-5-15(A)). If you are not required to be licensed, the lien should say so.

How much can I claim?

The amount due and owing for the labor, materials, or equipment you actually furnished to the project — documented by your contract, invoices, and pay applications. Inflating a lien is dangerous: an intentionally excessive claim can jeopardize the lien and expose the claimant to liability.

What does filing a lien actually do?

The lien encumbers the project’s title. While it’s on record, lenders generally won’t advance further construction financing, refinance out of a construction loan, or close a sale. It also secures your costs and reasonable attorneys’ fees in a foreclosure action. In most cases, that pressure gets the claim paid without a lawsuit.

What happens after the lien is served and filed?

You have six months from your last date of work to file suit to foreclose the lien, with a lis pendens (§ 29-5-120(A)). The owner can also “bond off” the lien — substituting security for the property — in which case your claim follows the bond. We calendar the six-month window for every full-service lien we file.

I contracted with the general contractor, not the owner. Can I still lien?

Usually, yes — work furnished with the owner’s consent supports a lien even without a direct owner contract, subject to the statutory limits on sub-tier claims (§ 29-5-20). Your lien package should also include a § 27-1-15 demand on both the party that owes you and the owner.

What about public projects?

You cannot lien public property. On public (and some private) projects, the payment bond stands in place of the real estate — a bond claim with its own strict notice deadlines. If you’re on a public job, act quickly and get advice.

What is a § 27-1-15 demand letter?

A statutory demand that starts a 45-day clock for the recipient to make a fair and reasonable investigation and pay what’s owed. Unreasonable refusal exposes the recipient to reasonable attorneys’ fees and interest at the judgment rate. Every full-service lien we prepare ships with one to the owner — and to the upstream contractor where applicable.

How much does it cost to file a mechanics’ lien in South Carolina?

With us, a flat $250 (self service — we prepare the package, you serve and file) or a flat $425 (full service — we serve, file, and send the demand letters; cost of service additional). No hourly surprises.