South Carolina Construction or Mechanics Lien Package - Individual
What this form package covers
The South Carolina Construction or Mechanics Lien Package - Individual is designed for sole proprietors who provide labor, materials, or services to improve real property. This package assists users in securing payment by recovering money owed through a lien on the improved property. Unlike other packages, this one specifically caters to individual contractors and does not include forms for property owners.
Forms included in this package
- Notice of Furnishing - Individual
- Notice of Commencement - Individual
- Location Notice - Individual
- Notice to Owner - Individual
- Notice of Non-Responsibility - Individual
- Statement of Account - Individual
- Assignment of Claim of Lien - Individual
- Conditional Waiver and Release of Claim of Lien Upon Progress Payment
- Unconditional Waiver and Release of Claim of Lien Upon Progress Payment
- Conditional Waiver and Release of Claim of Lien Upon Final Payment
- Unconditional Waiver and Release of Claim of Lien Upon Final Payment
State law considerations
This form package reflects the legal rules and procedures specific to South Carolina regarding construction liens. It includes necessary forms such as the Notice of Furnishing and the Statement of Account, which are tailored to comply with state laws governing mechanics liens.
Situations where these forms applies
This form package is essential when a contractor has not received payment for work completed or materials supplied on a construction project. It is typically used when:
- The contractor has provided services or materials that enhance real property.
- A lien needs to be filed to recover unpaid amounts owed by a property owner.
- Legal protection is required to secure claims for work performed.
Who can use this document
- Sole proprietors in the construction industry.
- Contractors, subcontractors, and suppliers of materials seeking to enforce payment through a lien.
- Individuals who have provided labor or services to improve real property and need to secure their claims.
How to complete these forms
- Review the included forms and their descriptions.
- Identify the necessary parties involved in the project.
- Populate the forms with relevant details, ensuring accuracy.
- Submit pertinent notices to the owner and file with appropriate authorities.
- Keep records of all completed forms and communications for future reference.
Notarization guidance for this package
Some forms in this package need notarization to be legally binding. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
Common mistakes to avoid
- Failing to file the Notice of Project Commencement within the required timeframe.
- Not providing accurate descriptions of the work done or materials supplied.
- Omitting to notarize the Statement of Account, when necessary.
Why use this package online
- Convenient access to forms that can be downloaded and filled out at your own pace.
- Editability allows you to make corrections easily without starting over.
- Reliable legal insights provided by materials drafted by licensed attorneys.
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FAQ
Contractors and subcontractors have 60 days to register a lien and 90 days to start a court action. Contractors and subcontractors must follow specific bookkeeping rules to protect subcontractors in the event of bankruptcy.
To perfect a mechanic's lien, the contractor, subcontractor, or supplier must file a notice of mechanic's lien with the Register of Deeds or Clerk of Court of the county where the real property is located and serve the property owner with notice and a copy of the lien within 90 days of the completion of the work. S.C.
If you're claiming a lien on real property, it must be filed in the recorder's office of the county where the property is located. Expect to pay a filing fee between $25 and $50 depending on the location where you file.
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.
A contractor's lien (often known as a mechanic's lien, or a construction lien) is a claim made by contractors or subcontractors who have performed work on a property, and have not yet been paid.After all, contractors would rather work out a deal than go through the hassle of filing a lien against your property.
Arranging Progress Payments Is Wise. Most contractors ask, in negotiating the contract for work, for some amount of money up front. Talk to the Homeowners About the Balance Due. File a Lien. Sue for Breach of Contract.
There, a construction lien on a commercial project must be filed with a county clerk within 90 days of the last day services or materials were provided. Filing a construction lien on residential projects requires filing a Notice of Unpaid Balance and Right to File Lien within 90 days of the last day of service.
In South Carolina, a claimant who has filed a mechanics lien will have 6 months from the last day on which the claimant furnished labor and/or materials to the project to enforce their lien.