First 5 customers: 6 months free.5 spots still open.
Claim your spot
South Carolina lien waiver requirements
South Carolina has no statutory waiver form. The 90-day filing window for the underlying lien is what drives the timing.
S.C. Code Ann. §§ 29-5-10 to 29-5-440 (Mechanics' Liens)
The short version
South Carolina's mechanics' lien chapter runs from § 29-5-10 onward in Title 29. There is no prescribed waiver form. What South Carolina does have is a hard 90-day filing window for the underlying lien, measured from the last day labor or materials were furnished. That 90 days controls when waivers matter, and when claims go stale on their own.
At a glance
- Lien filing due within 90 days of last work (§ 29-5-90)
- Lender disbursement procedures in § 29-5-440 can help GCs
- No statutory waiver form; lender-driven templates are standard
- Aggregate sub-sub and supplier liens capped at the GC's contract price
The 90-day filing window
Section 29-5-90 sets the lien clock. Any claimant who wants a mechanic's lien on a South Carolina project has to serve the notice on the owner and file with the register of deeds or clerk of court within 90 days of the last day of work or the last delivery of materials. The notice has to state the amount due, describe the property, and name the owner.
From a GC's perspective, this is a much shorter window than the 4-6 months you see in other states. A claim that has not surfaced 90 days after a sub's last day on site is largely off the table. Collect unconditional final waivers as you approach the 90-day mark, not at six months out.
The aggregate cap on sub-sub and supplier liens
Section 29-5-20 limits how much sub-subcontractors and material suppliers can recover collectively. The aggregate of those liens cannot exceed the amount the GC's contract entitles the GC to receive, less any amounts the owner has already paid the GC. The cap protects owners from double-paying for the same work.
For a GC, this is a structural protection in your favor. A sub's lien is bounded by what is still owed under your contract with the owner. Lenders and title companies still want waivers across the chain, so the math does not let you skip the paperwork. It does mean your downside is capped.
What the lender will ask for
Since the statute is quiet on waiver forms, the operational standard in South Carolina comes from lenders and title companies. They typically want a conditional progress waiver with each draw and an unconditional final waiver at closeout, signed by the GC and each sub above a threshold.
Read the lender's form before you push it to your subs. AIA G902 and AIA G904 are common. Forms drafted by the lender's counsel often run wider than necessary. If a sub's waiver releases retainage or open backcharges, the language probably came from one of those broad templates.
Questions
Does South Carolina require a specific lien waiver form?
No. South Carolina does not prescribe a waiver form. Lender-driven templates such as AIA G902 and G904 are the practical standard.
How long does a South Carolina claimant have to file a lien?
90 days from the last day of work or the last delivery of materials, under § 29-5-90. The notice and filing both have to happen inside that window.
Is there a cap on subcontractor liens in South Carolina?
Yes. Under § 29-5-20, the aggregate amount of liens filed by sub-subcontractors and suppliers cannot exceed the GC's unpaid contract balance from the owner.
Send a South Carolina waiver in two minutes.
The right form, the right notice, signed on a phone. Released when the check clears.
Get started