This form may be completed and used by a subcontractor or supplier who has not been fully paid on a project and is seeking payment from the surety (insurer) under the terms of a payment bond. In construction, a payment bond is a bond on the general contractor to ensure payment to subcontractors and suppliers.
South Carolina Bond Claim Notice
Category:
State:
Multi-State
Control #:
US-CONST3
Format:
Word;
Rich Text
Instant download
Description
How to fill out Bond Claim Notice?
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FAQ
The lienholder should file a petition with the Court of Common Pleas for the county in which the property is located containing a statement of the contract on which the lien is based, the amount due, a description of the property subject to the lien and ?all other material facts and circumstances.? S.C.
If the surety does not voluntarily pay the claim, a lawsuit must be filed against the payment bond surety as follows: (a) if the public entity files a notice of completion or cessation notice, thirty (30) days six plus (6) months after the notice is filed or (b) if neither a notice of completion or cessation is filed, ...
Section 29-5-10 of the Statute provides, in relevant part, that ?[a] person to whom a debt is due for labor performed or furnished or for materials furnished and actually used in the ?of a [structure] upon real estate?by virtue of an agreement with?the owner?or person having authority from, or rightfully acting ...
SECTION 29-1-10. Lien on real estate of no force after twenty years; exception for acknowledged debt or payment on account; lien on property interest held by gas or electric utility or electric cooperative.
South Carolina requires payment to be made first, and that the lien waiver should be in writing. Both conditional and unconditional lien waivers are allowed, as long as the payment associated with the waiver has been met. South Carolina has no requirement that a written lien waiver must be notarized.
About South Carolina Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.
PREPARING THE SOUTH CAROLINA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.
SOUTH CAROLINA Final judgments create a lien upon real estate for a period of ten years. S.C. Code Ann. § 15-35-810.
