Private Projects

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notice requirements Private Projects lien requirements Private Projects
prime contractor Private Projects Notice of project commencement due 15 days after commencement Lien must be filed w/in 90 days after last labor or materials furnished, enforced 6 months after last providing labor or materials.
sub laborer Private Projects Notice to prime required before providing labor or materials Lien must be filed w/in 90 days after last labor or materials furnished, enforced 6 months after last providing labor or materials.
supplier other Private Projects Notice to prime required before providing labor or materials Lien must be filed w/in 90 days after last labor or materials furnished, enforced 6 months after last providing labor or materials.

NOTICE REQUIREMENTS
In general, South Carolina does not require notice prior to the performance of work.    However, if the general contractor properly files a Notice of Project Commencement, any “remote claimants” (sub-subcontractors and material suppliers) must provide a Notice of Furnishing Labor and Materials to the general contractor.

General Contractor’s Notice of Commencement
This must be filed within 15 days of commencement of the work, and filed with the Clerk of Court or Register of Deeds in the county or counties where the real property is located.  If filed, sub-subcontractors and material suppliers are required to meet certain notice requirements before they can lien the project.

Sub-Subcontractors and Suppliers Notice Requirements
(only if Notice of Commencement Filed)
This notice should be sent by sub-subcontractors and suppliers to protect their lien rights.   After receiving this notice, no payment by the general contractor to the subcontractor will lessen the amount recoverable by the lien claimant.

THE MECHANICS LIEN
Most everyone who provides labor or materials to a construction project in South Carolina is entitled to file a lien, including contractors, subcontractors, remote claimants, surveyors, landscapers, design professionals and even security guards, real estate licensees and rental equipment companies.

  • Referred to as “Claim of Lien”
  • Must be filed within 90 days of last furnishing labor and/or materials to the project, and must be “served” upon the owner within this same period.
  • Action to enforce lien must be filed (along with a Lis Pendens) within 6 months from last furnishing labor and/or materials to the project.

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Q: When is a party deemed to have last furnished labor and/or materials to the project?

A:  Unlike in many other states, in South Carolina, warranty or remedial work does become the new “last day” of work for purposes of calculating lien deadlines…so long as the warranty work is done pursuant to the contract.

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