South Carolina · S.C. Code ch. 29-5South Carolina mechanic's lien deadlines: 90 days to serve and file, six months to sue
In South Carolina a person owed for labor or materials used in building, altering or repairing a structure under an agreement with, or with the consent of, the owner has a lien on the structure and the owner's interest in the lot (S.C. Code §29-5-10(a)), and every laborer, mechanic, subcontractor or supplier for an improvement the owner authorized has a lien subject to existing liens of which it had notice (§29-5-20(A)). The lien is dissolved unless, within ninety days after the claimant stops furnishing labor or materials, it serves the owner – or the person in possession if the owner cannot be found – and files with the register of deeds or clerk of court of the county a sworn statement of the amount due with a description of the property and the owner's name (§29-5-90). It is also dissolved unless suit to enforce it is commenced and a notice of pendency filed within six months after the last work (§29-5-120(A)). After six months without suit or notice of pendency, the lien and any bond may be released by court order or by a written attorney's affidavit in the form the local office approves (§29-5-120(B)).
What the statutes set
Who has a lien (§§29-5-10, 29-5-20)
Contractors, laborers, subcontractors and suppliers for an owner-authorized improvement.
90 days (§29-5-90)
Serve the owner and file a sworn statement after the last work.
Six months (§29-5-120(A))
Suit and a notice of pendency, or the lien dissolves.
Release (§29-5-120(B))
Court order or attorney's affidavit after six months without suit.
What the TC checks on a South Carolina sale after recent work
- Ask the seller about work in the last 90 days, and get lien waivers or paid invoices.
- Check the register of deeds or clerk of court for recorded lien statements.
- For an old lien with no suit after six months, ask the closing attorney about a release by affidavit.
Questions about South Carolina mechanic's liens
How long does a South Carolina contractor have to file a mechanic's lien?
Ninety days after it stops furnishing labor or materials, by serving the owner and filing a sworn statement (S.C. Code §29-5-90).
How long does a South Carolina mechanic's lien last without a lawsuit?
Six months after the last work; it dissolves unless suit is commenced and a notice of pendency filed within that time (S.C. Code §29-5-120(A)).
Related guides
Track lien waivers and the title search as tasks on the deal in ClosingCode.
Start free trialSources: S.C. Code §§29-5-10, 29-5-20, 29-5-90, 29-5-120 (scstatehouse.gov), read November 1, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.