South Carolina Lien Waiver Rules
- Rules At A Glance
- Top Links
No Specific Form
South Carolina does not require any specific form in order for a lien waiver to be valid.
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.
Cannot Waive Rights in Contract
South Carolina does not allow lien waivers to be included in the contract for the job.
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.
