South Carolina Lien Waiver Forms — Generate in 60 Seconds
Generate South Carolina lien waivers that follow best practices under S.C. Code Title 29, Chapters 5 and 7. South Carolina doesn't mandate statutory waiver forms, but Section 29-7-20 sets a critical rule: any agreement to waive lien rights is unenforceable unless payment substantially equal to the amount waived is actually made. All four waiver types available with free preview. No notarization required.
Which Type Do You Need?
South Carolina uses the standard 4-type framework. Since SC doesn't prescribe statutory form language, our templates are custom-designed following industry best practices and Section 29-7-20 compliance. Two factors determine which form you need: (1) whether payment has cleared, and (2) whether this covers a progress payment or the entire project. Remember: Section 29-7-20 makes any waiver unenforceable unless you've received payment substantially equal to the amount waived.
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Sign Up FreeSouth Carolina Lien Waiver Rules at a Glance
No mandatory statutory form
South Carolina doesn't prescribe waiver form language. Custom forms are valid if they clearly express intent to waive lien rights. Our templates follow industry best practices.
Waivers without payment are unenforceable
Section 29-7-20: waiving lien rights without receiving payment substantially equal to the amount waived is against public policy and void.
Notarization NOT required
South Carolina statute requires the waiver to be in writing but does not require notarization for enforceability.
90-day lien filing deadline
Lien statement must be served on the owner and filed within 90 days after last furnishing labor or materials (Section 29-5-90).
Written notice to owner required
Subs and suppliers must give written notice to the property owner of the furnishing of labor or materials (Section 29-5-40).
Prompt pay: 7-day pass-through
Contractors must pay subs within 7 days of receiving payment from the owner (S.C. Code 29-6-30). Interest at 1% per month on late payments.
South Carolina Lien Waiver Legal Requirements
South Carolina is a non-statutory waiver state — there's no mandated form language under S.C. Code Title 29. Lien waivers are governed by general contract principles: the intent to waive lien rights must be clear and express, and the waiver must be in writing. The most important statutory guardrail is Section 29-7-20: any agreement to waive lien rights is "against public policy and is unenforceable unless payment substantially equal to the amount waived is actually made." This means advance waivers — signed before any work begins — are void, and any waiver tied to a specific payment must correspond to actual money received. South Carolina's mechanics lien framework (S.C. Code 29-5-10 et seq.) provides lien rights to anyone furnishing labor or materials for the improvement of real estate when authorized by the owner. Subs and suppliers must give written notice to the owner of the labor or materials furnished (Section 29-5-40), and the lien statement must be filed and served on the owner within 90 days of last furnishing (Section 29-5-90). The Prompt Pay Act (S.C. Code 29-6-10 et seq.) adds payment timing requirements: contractors must pass through payment to subs within 7 days of receipt from the owner.
Recent Law Changes
- Act No. 264 (effective June 6, 2014): modified payment bond notice requirements for remote claimants.
- Act No. 40 (effective June 2, 2009): added landscape services provisions and mechanics lien release procedures via attorney affidavits.
South Carolina Conditional Progress Waiver
What It Is
Waives lien rights for a progress payment, effective only when the payment is received and clears the bank.
When to Use
When exchanging a waiver for a progress payment you haven't received yet, or before the check has cleared.
Key Legal Points
- No statutory form required — our template uses clear, express waiver language compliant with SC contract law.
- Conditional on actual receipt and clearance of payment.
- Section 29-7-20 compliance: the waiver is enforceable only because it's tied to a specific payment amount.
- Retainage excluded — template explicitly carves out retained amounts.
- Owner notice under Section 29-5-40 is separate from the waiver — serving a waiver doesn't satisfy the notice requirement.
Tips
- Confirm you've given written notice to the owner (Section 29-5-40) to preserve your lien rights on unpaid amounts.
- Under Section 29-7-20, the waiver is only enforceable to the extent payment is actually made. If the check bounces, the waiver fails.
- Keep a copy of each waiver matched to the corresponding payment for your records.
South Carolina Unconditional Progress Waiver
What It Is
Immediately and irrevocably waives lien rights for the specified progress payment amount upon signing.
When to Use
Only after you've received the progress payment and the check has fully cleared.
Key Legal Points
- Effective immediately — no payment condition. Rights are gone the moment you sign.
- Section 29-7-20 requires that payment substantially equal to the waived amount has actually been made for the waiver to be enforceable.
- Retainage excluded.
- No statutory form language — our template follows South Carolina contract law best practices.
Warning
Once signed, you cannot recover the waived rights even if a later dispute arises about the quality or scope of work covered by that payment. Only sign after funds are confirmed in your account.
Tips
- Verify the check has cleared before signing — not just received, but cleared.
- If pressured to sign before payment clears, switch to a conditional form. Section 29-7-20 is your backstop, but why rely on it when a conditional form provides cleaner protection?
South Carolina Conditional Final Waiver
What It Is
Waives all remaining lien rights on the project, conditioned on receipt and clearance of the final payment including retainage.
When to Use
When requesting the final payment (including retainage) and you want protection until the money clears.
Key Legal Points
- Covers ALL remaining work, labor, materials, and equipment on the project.
- Conditional on receipt and clearance of final payment.
- Section 29-7-20 backstop: if final payment doesn't arrive, the waiver is unenforceable.
- Should include the full retainage amount owed.
- Owner notice (Section 29-5-40) should already be on file; verify before executing.
Tips
- Confirm the final payment amount includes all retainage and pending change orders.
- On public projects, retainage caps at 3.5% under S.C. Code 11-35-3030(4). Verify the retainage amount matches what's actually being held.
- Resolve any disputed change orders before signing — the conditional final covers everything.
South Carolina Unconditional Final Waiver
What It Is
Complete and permanent release of ALL lien rights on the project. Effective immediately upon signing.
When to Use
Only after ALL payment — including final payment and retainage — has been received and fully cleared.
Key Legal Points
- The most consequential South Carolina waiver form.
- Immediately effective. No safety net.
- Covers all labor, services, equipment, and materials for the entire project.
- Section 29-7-20 requires payment to have been actually made for this to be enforceable.
- No recall or reversal absent fraud or duress.
Warning
Do not sign with any amounts outstanding — retainage, change orders, or disputed extras. This is permanent. Once signed, your only recourse is fraud or duress claims.
Tips
- This is the last document in the payment chain. Verify every dollar before signing.
- If any dispute remains, use a conditional final instead and resolve the dispute separately.
Common South Carolina Lien Waiver Mistakes
- 1
Signing a waiver before receiving payment
Section 29-7-20 makes lien waivers unenforceable unless payment substantially equal to the amount waived is actually made. That's your statutory protection — but it's still a bad position. Use a conditional waiver and avoid the argument entirely.
- 2
Failing to give written notice to the owner
Section 29-5-40 requires subs and suppliers to give written notice to the owner of the labor or materials furnished. Without this notice, your lien rights may not attach to the owner's property. A lien waiver doesn't substitute for this notice.
- 3
Missing the 90-day lien filing deadline
Section 29-5-90 requires serving and filing the lien statement within 90 days of last furnishing. South Carolina also requires personal service on the owner by the sheriff — not just mailing. Miss either the filing or service and the lien dissolves.
- 4
Not knowing about the 6-month enforcement deadline
Filing the lien is only step one. Under Section 29-5-120, you must file suit to enforce the lien within 6 months of last furnishing. The lien dissolves automatically if you don't. That's tighter than many states.
- 5
Confusing public and private retainage rules
Public projects cap retainage at 3.5% under S.C. Code 11-35-3030(4). Private projects have no statutory cap. On private work, the only protection is contractual and the Prompt Pay Act's 7-day pass-through requirement (Section 29-6-30).
South Carolina Lien Waiver FAQ
Does South Carolina require specific statutory lien waiver forms?
Do lien waivers need to be notarized in South Carolina?
What's the difference between a conditional and unconditional lien waiver in South Carolina?
Can I waive lien rights before receiving payment in South Carolina?
What is the deadline to file a mechanics lien in South Carolina?
Do subcontractors need to give notice to the property owner in South Carolina?
What are South Carolina's retainage rules?
Is a South Carolina lien waiver the same as a lien release?
What happens if the owner doesn't have enough funds to pay all lien claimants?
Does South Carolina require service by the sheriff for mechanics liens?
Lien Waiver Guides & Resources
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LienWaiver.pro now syncs lien waivers directly with QuickBooks Online. Generate waivers from QBO bills, track them, and attach signed PDFs back to the bill.
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Conditional vs Unconditional Lien Waiver: Which One Should You Sign?
Sign conditional waivers before payment clears, unconditional after. Here's the difference and why it matters.
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How to Fill Out a Lien Waiver Form: A Step-by-Step Guide
A lien waiver has 8-12 fields. Here's what goes in each one, common mistakes that invalidate waivers, and how to avoid signing away more than you should.
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Do Lien Waivers Need to Be Notarized? A State-by-State Guide
Only 2 states require notarized lien waivers by law. In California, notarization may actually invalidate your waiver. Here's what you need to know.
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Lien Waiver Forms for Other States
* = mandatory statutory form language required