South Carolina
PRELIMINARY NOTICE
Neither GC, nor 1st tier subcontractors and suppliers are required to give a preliminary notice. The GC may avail itself of a payment defense by filing and posting a Notice of Commencement pursuant to S.C. Code Ann. § 29-5-23. In such an event, remote claimants should serve Notice of Furnishing pursuant to S.C. Code Ann. § 29-5-20 at earliest possible date.
CONTENTS OF PRELIMINARY NOTICE
If the GC has elected to file and post a Notice of Commencement pursuant to S.C. Code Ann. § 29-5-23, a remote claimant’s preliminary notice should conform to the requirements of statute.
WHEN COMPLETION OCCURS
Lien deadlines are based upon the last date of furnishing labor or materials, including punch list items. Work performed solely for purposes of extending or renewing lien rights is not considered. See Butler Contracting, Inc. v. Court Street, LLC, 369 S.C. 121, 631 S.E.2d 252 (2006).
TIME LIMIT FOR RECORDING MECHANICS LIEN
Lien must be filed and served within 90 days of the lien claimant’s last day of work. S.C. Code Ann. § 29-5-90
TIME LIMIT FOR ENFORCING MECHANICS LIEN
Notice of Lis Pendens and lien foreclosure action must be filed within 6 months of lien claimant’s last day of work. S.C. Code Ann. § 29-5-120. S.C.R.C.P. 3 allows 120 for service of all suits.
FORECLOSURE OR DISMISSAL BY COURT
Mechanic’s lien is considered dissolved if a foreclosure action and Notice of Lis Pendens are not filed within six months of the lien claimant ceasing to perform work. The lien and any associated bonds may be released by a court order or written affidavit of attorney for bond holder or defendant pursuant to S.C. Code Ann. § 29-5-120.