South Carolina Notice of Furnishing Labor and Materials Form
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Get help filing your South Carolina Preliminary Notice
This Notice of Furnishing Labor or Materials is used to provide South Carolina preliminary notice on construction projects. Any party who does not have a contract with the property owner may use this form to protect their lien rights.
If a South Carolina general contractor files a Notice of Commencement, any liens filed may not exceed the amount the GC owes to the claimant’s hiring party. However, a sub-tier party can send a Notice of Furnishing Labor or Materials to retain the right to file a lien claim for the full amount owed.
Consider this scenario as an example: A subcontractor hires a sub-subcontractor to supply $10k worth of labor to a project in South Carolina. After collecting a $12k payment from the GC, the subcontractor fails to pay their sub-subcontractor the $10k. If the GC filed a Notice of Commencement, the sub-subcontractor would be unable to file a mechanics lien for non-payment, because the GC already paid the balance to the subcontractor. However, the sub-subcontractor can send a Notice of Furnishing to “win back” their right to file a lien claim for the amount unpaid ($10k).
In order for this document to be effective, it must be sent to the property owner and the general contractor prior to filing and serving a South Carolina mechanics lien. It should be sent via certified mail with return receipt requested.
This form was created by construction lawyers to meet the requirements outlined in South Carolina’s Mechanics Lien Law, Code 1976 § 29-5-10 et. seq.
Rules and regulations for sending a South Carolina Preliminary Notice
Any party who does not have a contract directly with the prime contractor (sub-subs and suppliers to subs) should deliver a "Notice of Furnishings" to the prime contractor to preserve lien rights. The Notice is only required if the general contractor has filed a Notice of Commencement at the start of the project. The Notice of Furnishing may be sent at any time, but is only effective to preserve your right to lien against money that yet to be paid to the party who hired you.
This deadline calculates a period of 15 days from when you first furnished labor and/or materials. Although this is not a true "deadline," the 15 day period may have practical benefits.
After completing the South Carolina Notice of Furnishing Labor and Materials Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about South Carolina Preliminary Notice
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We are owed retainage on 2 projects for schools that we completed in 2017. Both of these schools are in South Carolina, one was completed 8/2/2017 and the other completed 12/27/2017. The GC is telling us they haven’t received the retainage payment from the owner. Are we able to send a notice of non-payment for these?
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Other forms to use in South Carolina
South Carolina County Recorders
Looking to file/record a mechanics lien in South Carolina? You'll need to get your South Carolina mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in South Carolina. Click on any county to find more information about how to get your lien recorded in that county.
Aiken
1930 University Parkway
Aiken, South Carolina, 29801
phone: 803) 642-2072
fax:
Anderson
401 E River St
Anderson, South Carolina, 29624
phone: (864) 260-4054
fax:
Bamberg
2959 Main Hwy #102
Bamberg, South Carolina, 29003
phone: (803) 245-3025
fax:
Barnwell
141 Main St
Barnwell, South Carolina, 29812
phone: (803) 541-1020
fax:
Beaufort
100 Ribaut Rd Room 205
Beaufort, South Carolina, 29901
phone:
fax:
Berkeley
1003 Highway 52
Moncks Corner, South Carolina, 29461
phone: (843) 719-4084
fax:
Charleston
101 Meeting Street, Suite 200
Charleston, South Carolina, 29401
phone: (843) 958-4800
fax:
Cherokee
110 Railroad Ave.
Gaffney, SC 29340
phone: 864-487-2575
Dorchester
201 Johnston Street
Saint George, South Carolina, 29477
phone: 843-832-0181 press 1
fax:
Edgefield
129 Courthouse Sq, Suite 205
Edgefield, South Carolina, 29824
phone: 8036374049
fax:
Fairfield
101 South Congress Street
Winnsboro, South Carolina, 29180
phone: 803-712-6526
fax:
Florence
180 North Irby St
Florence, South Carolina, 29501
phone: (843) 665-3031
fax:
Georgetown
129 Screven Street- Room 145
Georgetown, South Carolina, 29440
phone: (843) 545-3088
fax:
Greenville
301 University Ridge Suite 1300
Greenville, South Carolina, 29601
phone:
fax:
Greenwood
528 Monument St # 114
Greenwood, South Carolina, 29646
phone: (864) 942-8613
fax:
Hampton
1 Courthouse Square
Hampton, South Carolina, 29924
phone: (803) 914-2250 press 2
fax:
Horry
1301 Second Ave
Conway, South Carolina, 29526
phone:
fax:
Jasper
358 Third Avenue
Ridgeland, South Carolina, 29936
phone: 843-717-3615
fax:
Kershaw
515 Walnut Street, Room 180,
Camden, South Carolina, 29020
phone: 803-425-7235
fax:
Lancaster
101 N. Main Street.
Lancaster, South Carolina, 10720
phone: 8034169440
fax:
Laurens
100 HILLCREST SQUARE-SUITE B
Laurens, South Carolina, 29360
phone: 864-984-3538
fax:
Lexington
139 E. Main Street, Suite D
Lexington, South Carolina, 29072
phone: (803) 785-8230 ext. 4
fax:
Marion
100 West Court Street
Marion, South Carolina, 29571
phone: (843) 423-8240
fax:
Oconee
415 South Pine Street, Room 108
Walhalla, South Carolina, 29691
phone: (864) 638-4285
fax:
Orangeburg
190 Gibson St.; Room 108
Orangeburg, South Carolina, 29116
phone: (803) 533-6235
fax:
Pickens
222 McDaniel Avenue, B-5
pickens, South Carolina, 29671
phone: 8648985868
fax:
Richland
1701 Main Street, Room 101
Columbia, South Carolina, 29201
phone: 803-576-1910
fax:
Spartanburg
366 North Church Street, Suite 100
Spartanburg, South Carolina, 29303
phone: (864) 596-2514
fax:
Sumter
141 N Main St
Sumter, South Carolina, 29150
phone: (803) 436-2177
fax:
Union
210 West Main St
Union, South Carolina, 29379
phone: 864-429-1630
fax: 864-429-1715
York
200 W Liberty Street
York, South Carolina, 29745
phone: 803-684-8510
fax: