South Carolina Lien Frequently Asked Questions

What is a South Carolina Mechanics’ Lien Claim?

In the state of South Carolina, liens filed on private property are known as Mechanics’ Liens. When a South Carolina construction lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. South Carolina law does not allow contractors working on public contracts to file any mechanics’ liens. Rather, contractors have bond claim rights pursuant to statutory law.

Who can file a South Carolina Mechanics’ Lien Claim?

Contractors, subcontractors, sub-subcontractors, and suppliers all have construction lien rights under South Carolina Lien Law.

Are pre-lien notices for a South Carolina Mechanics’ Lien Claim required?

Under South Carolina law, a “notice of furnishing labor or materials” must be provided by a subcontractor or supplier in order to maintain mechanics lien rights. Such notice requirements may be inapplicable if an owner fails to file a “notice of project commencement” within 15 days of commencement of the work.

Can you file a South Carolina Mechanics’ Lien Claim without a pre-notice?

Yes.

When should a South Carolina Mechanics’ Lien Claim be filed?

A South Carolina mechanics’ lien claim must be filed within 90 days after completion of the contractors work. A lawsuit to foreclose upon the South Carolina construction lien must be brought no later than 6 months after the claimant ceases to furnish labor or materials.

How much does it cost to file a South Carolina Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves South Carolina Mechanics’ Liens for a fee of $250.00.

Do I need a written contract to file a South Carolina Mechanics Lien Claim?

No.  Oral contracts are sufficient.

How does filing a South Carolina Mechanics’ Lien Claim help me get my money?

On a private project, the South Carolina mechanics’ lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the construction lien.

What is a Stop Notice and why should it be filed?

LienItNow.com prepares and serves South Carolina Stop Notices for a fee of $100.00.  A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic’s lien.  A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project.  Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim.  The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.

What is an Amendment to a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves South Carolina Amendments to Mechanics’ Lien Claims for a fee of $225.00.  Amendments to a mechanics’ lien claim are often needed when something about the lien claim changes.  Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.

When should a Discharge of Mechanics’ Lien claim be filed?

LienItNow.com prepares, files and serves South Carolina Discharges of Mechanics’ Lien Claims for a fee of $75.00.  Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of Mechanics’ Lien Claim should be filed.

How much does it cost to file an Extension of a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves extensions of Mechanics’ Lien Claims for a fee of $75.00.  All lien claims expire after a certain period of time, and filing an extension of the mechanics’ lien claim prolongs the expiration date.  South Carolina law, however, does not permit an extension of mechanics’ lien claims.

Can I file a Bond Claim on the Project?

LienItNow.com prepares, files and serves South Carolina Bond Claims for a fee of $250.00.  Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project.  The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants’ last date of work.  Bond claims are more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.

Do I need to file a Pre-Notice to make a claim against a payment bond?

LienItNow.com prepares, files and serves South Carolina Pre-Notices for bond claims for a fee of $50.00.  Depending on the terms of the payment bond, pre-notices may or may not be required.  LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project’s bond.