South Carolina Lien Waivers Guide and FAQs

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South Carolina Lien Waiver Overview

South Carolina Lien Waiver Rules


  • Rules At A Glance
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Preliminary notice not required in WV
No Specific Form

South Carolina does not require any specific form in order for a lien waiver to be valid.


notary not required on lien waiver
Notarization Not Required

Lien waivers in South Carolina do not need to be notarized in order to be effective, they must merely be in writing.


icon-can't waive lien rights
Cannot Waive Rights in Contract

South Carolina does not allow lien waivers to be included in the contract for the job.


icon-can't waive lien rights
Cannot Waive Rights Before Payment

South Carolina prohibits lien rights to be waived prior to payment. South Carolina statutory law states that: “an agreement to waive the right to file or claim a lien for labor and materials is against public policy and is unenforceable unless payment substantially equal to the amount waived is actually made.”

South Carolina lien waiver forms are mostly unregulated, but this doesn’t mean that there aren’t any rules.

South Carolina doesn’t require or provide any specific form in order for a lien waiver to be effective, doesn’t provide much guidance on what text can or should be included on a lien waiver document, and doesn’t really specify what must occur for a lien waiver to be effective. This means that construction participants in South Carolina have a great deal of latitude with respect to the lien waiver forms they decide to use and the language contained thereon. It’s important to remember that a lien waiver is a legal document, and can have significant impact on a party’s rights and ability to get paid – so, just because anything goes (pretty much ) with respect to the text of the waiver, it doesn’t mean anything should. 

However, there are some limitations on how and when contractors, subcontractors, and suppliers can waive their lien rights in South Carolina. Since lien rights are a policy right of contractors and suppliers, states have protections in place to make sure those rights aren’t unfairly side-stepped. Specifically, South Carolina prohibits lien rights to be waived prior to payment. South Carolina law states that: “an agreement to waive the right to file or claim a lien for labor and materials is against public policy and is unenforceable unless payment substantially equal to the amount waived is actually made.”

Though South Carolina lien waivers are routinely exchanged, they can be consequential. The resources, forms, guides, and frequently asked questions about South Carolina Lien Waivers on this page will help you get it right.

South Carolina Lien Waivers FAQs

It's common for lien waivers (also called lien releases) to be exchanged between parties along with pay applications and construction invoices in South Carolina. The process can be confusing. This is especially true for the lien waiver forms and language itself, since the language of lien waivers not regulated in South Carolina. Lien waivers are a legal document with significant impact on legal rights and the ability to get paid for work that's been done. In South Carolina, lien waivers are mostly unregulated. This means that - unlike some other states - there are no specific set of laws regulating the lien waiver forms, language, and exchange process. There are some rules, though, especially surrounding when lien waivers may be exchanged. The frequently asked questions below will help with some common issues encountered in South Dakota.

South Carolina Lien Waiver FAQs

Does South Carolina require a specific statutory lien waiver form?

No, South Carolina does not provide or require statutory forms for lien waivers.

What are the requirements for an South Carolina lien waiver? What makes a lien waiver binding?

Payment must be made first, and the lien waiver should be in writing.

Are Unconditional Lien Waivers Prohibited in South Carolina?

Unconditional lien waivers a re ok, provided the other requirements – such as payment associated with the waiver – have been met.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in South Carolina?

Yes, South Carolina statutory law states that: “an agreement to waive the right to file or claim a lien for labor and materials is against public policy and is unenforceable unless payment substantially equal to the amount waived is actually made.”

Must a South Carolina lien waiver be notarized?

No. While South Carolina statute calls for a written waiver, statute does not require it to be notarized.

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What is the correct payment waiver and lien release to sign for our customer?

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Free South Carolina Lien Waivers Forms & Templates

South Carolina does not have required lien waiver forms, but these lien waiver templates can be used for peace of mind o on South Carolina projects. Using these forms provided by Levelset is safe, easy, stress-free, and fair for everyone involved.

These waiver templates were drafted by construction attorneys to be fair, easy to use, and not full of surprises. You can download them free, or use our free system to send or request your compliant South Carolina lien waiver form.

 

Free South Carolina Lien Waiver Forms

These South Carolina lien waiver forms are drafted by attorneys to be easy to use and fair for all parties. Make it easy, and use forms from the source you can trust.

South Carolina Final Conditional Lien Waiver Form - free from

South Carolina Final Conditional Lien Waiver Form

This sc final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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South Carolina Final Unconditional Lien Waiver Form - free from

South Carolina Final Unconditional Lien Waiver Form

This sc final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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South Carolina Partial Conditional Lien Waiver Form - free from

South Carolina Partial Conditional Lien Waiver Form

This sc partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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South Carolina Partial Unconditional Lien Waiver Form - free from

South Carolina Partial Unconditional Lien Waiver Form

This sc partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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