Construction Liens in South Carolina
Contents
Overview
Sources
S.C. Code Ann. §§ 29-5-10 et seq.
Authorized Claimants
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 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 Ann. SECTION 29?5?10 (a))
Lien Priority
Except as otherwise provided in Section 29?3?50, a lien claimed by any mechanic or materialman furnishing labor, services, or material is not enforceable against any mortgage recorded before the filing of the notice pursuant to Section 29?5?90 setting forth the statement of account upon which the lien is based. (S.C. Code Ann. SECTION 29-5-70)
Notices and Registries
Filing Deadlines
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 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 (S.C. Code Ann. SECTION 29?5?90)
Enforcement Deadlines
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 Ann. SECTION 29?5?120 (A))
