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Lien waivers by state · South Carolina

South Carolina lien waiver requirements

South Carolina is a non-statutory state

South Carolina does not prescribe a mandatory statutory lien-waiver form or required waiver language, so contractors and subcontractors may word waivers freely as long as they are in writing and signed. However, by statute a waiver of lien rights is against public policy and unenforceable unless payment substantially equal to the amount waived has actually been made, so lien rights cannot be waived in advance (e.g., in the contract) before payment.

Statute: S.C. Code Ann. tit. 29, ch. 5 (Mechanics' Liens); filing deadline § 29-5-90; enforcement § 29-5-120

South Carolina lien waiver forms

The four standard waiver-and-release types and South Carolina’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Notarization is not required for a South Carolina lien waiver to be effective; the waiver need only be in writing and signed. A payer may request notarization as a matter of preference, but it is not mandated by statute.
Mandatory statutory language: South Carolina does not mandate any specific statutory waiver language or form; lien waivers are largely unregulated as to wording. The key statutory constraint is substantive, not formal: a waiver is unenforceable unless payment substantially equal to the amount waived was actually made (waivers cannot be required as a pre-payment condition or buried in the contract).
Electronic signatures accepted

Key South Carolina deadlines

Preliminary / pre-lien notice: No preliminary notice is required to preserve a contractor's or subcontractor's basic lien rights. Lower-tier parties (subs/suppliers not contracting directly with the owner) may optionally serve a written Notice of Furnishing Labor or Materials on the owner to expand/protect their lien claim, but it is not a precondition to liening.
Notice of intent to lien: South Carolina does not require a Notice of Intent to lien before filing a mechanics lien.
Mechanics lien filing deadline: Within 90 days after the claimant last furnished labor or materials to the project (serve the owner and record the statement/certificate of lien); the lien must then be enforced by suit with a lis pendens within 6 months of last furnishing (S.C. Code §§ 29-5-90, 29-5-120).

South Carolina lien waiver FAQ

Does South Carolina require a specific lien waiver form?

No. South Carolina does not require any specific statutory lien-waiver form or particular waiver language—parties may use their own wording, provided the waiver is in writing and signed. The main statutory rule is that a waiver is unenforceable unless payment substantially equal to the amount waived has actually been made.

Do lien waivers need to be notarized in South Carolina?

No. South Carolina lien waivers do not have to be notarized to be effective; they only need to be in writing and signed. A payer can request notarization, but it is not legally required.

Can lien waivers be signed electronically in South Carolina?

Yes. Electronic signatures are valid on South Carolina lien waivers. The state has adopted the Uniform Electronic Transactions Act, and because waivers are not subject to a mandatory form, an e-signature is acceptable.

What is the deadline to file a mechanics lien in South Carolina?

A South Carolina mechanics lien must be filed (served on the owner and recorded) within 90 days after the claimant last furnished labor or materials. The lien must then be enforced by filing suit and a lis pendens within 6 months of last furnishing, or it is dissolved (S.C. Code §§ 29-5-90, 29-5-120).