South Carolina Notice of Contract Form

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When preparing a South Carolina Notice of Furnishing, it's important to be sure that (a) the information provided is as accurate as possible, and (b) its sent as early on in the project as possible. Since this notice is typically sent early in the construction project, contractors will rarely have a concrete date of last furnishing. The "date labor or materials last delivered" section is best filled out by providing the scheduled or anticipated date that labor or materials will be furnished to the property. If the project ends up going longer, the claimant's mechanics lien rights will still be secured. For further reading: South Carolina Notice of Furnishing - All You Need to Know

That's a good question, and South Carolina is a bit unique with its notice requirements. In South Carolina, there is no real time limit for sending notice (whether it be for a public or private project). But it's still a good idea to send the notice as soon as possible. If notice is not sent, a claimant's claim will be limited to the amount that is unpaid to the prime contractor at the time of the claim. However, when notice is sent, the claimant will be entitled to any amounts owed and unpaid to the prime contractor at the time of the notice. It might be helpful to illustrate how this could affect a claim for retainage. When a claimant sends notice (again, either public or private) that claimant can file a claim for what they're owed up to the amount that is owed the prime contractor at the time of the notice. Thus, when a prime contractor is still owed retainage, by sending notice, a claimant could preserve their right to make a claim on up to the full amount of the retainage owed to the prime contractor. However, if no notice is sent and the prime contractor is paid retainage but later refuses to pay the claimant their portion of retainage, that claimant would only be able to make a claim on payments owed to the prime contractor (which would be nothing). Note, of course, that if a project is public, a claimant is not required to send preliminary notice if they were hired directly by the prime contractor - but it's typically a good idea to send notice regardless.