Any person entering into a direct agreement with, or with the consent of, an owner for the improvement of real property may file with the clerk of court or register of deeds in the county or counties where the real property is situate a notice of project commencement. The notice of project commencement shall contain the following information:
(1) the name and address of the person filing the notice of commencement;
(2) the name and address of the owner or developer;
(3) a general description of the improvement; and
(4) the location of the project.
The notice must be filed within fifteen days of the commencement of work and must be accompanied by a filing fee of fifteen dollars to be deposited in that county's general fund. The name and address of the contractor must be posted at the job site. A location notice also must be posted at the job site. The location notice must contain the following statement: "The contractor on the project has filed a notice of project commencement at the county courthouse. Sub-subcontractors and suppliers to subcontractors shall comply with Section 29-5-20 when filing liens in connection with this project." The failure to file a notice of project commencement shall render the provisions of Sections 29-5-20(B) and 29-5-60(B) inapplicable. The failure to file a notice of project commencement shall also render the provisions of Sections 29-5-440, 11-35-3030(2)(c), 57-5-1660(b), and 11-1-120, relating to the requirement of a notice of providing labor, materials, or rental equipment inapplicable for a claim against a payment bond furnished by a contractor holding a direct contractual agreement with an owner. The filing of a notice of project commencement shall not constitute a cloud, lien, or encumbrance upon, or defect to, the title of the real property described in the notice, nor shall it alter the aggregate amounts of liens allowable under Section 29-5-40, nor shall it affect the priority of any mortgage filed before or after the notice, nor shall it affect any future advances under any mortgage. The clerk of court or register of deeds in each county shall maintain a separate book and index of all notices of project commencements.
HISTORY: 1992 Act No. 368, Section 3; 1997 Act No. 34, Section 1; 2000 Act No. 240, Section 5.
Editor's Note
1997 Act No. 34, Section 1, directed the Code Commissioner to change all references to "Register of Mesne Conveyances" to "Register of Deeds" wherever appearing in the 1976 Code of Laws.
Structure South Carolina Code of Laws
Title 29 - Mortgages and Other Liens
Section 29-5-15. Filing requirements; penalty for frivolous lien.
Section 29-5-22. Reasonable rental value of tools, appliances, machinery, and equipment.
Section 29-5-23. Notice of Project Commencement; location notice; failure to file notice.
Section 29-5-25. Private security guard services at site of real estate improvement.
Section 29-5-26. Landscape services.
Section 29-5-27. Laborer and person defined.
Section 29-5-30. Lien against debtor with life estate or whose estate is less than fee simple.
Section 29-5-50. Lienor's preference over contractor.
Section 29-5-60. Proration of payments among lienors.
Section 29-5-70. Force of lien against existing recorded mortgage.
Section 29-5-80. Notice of nonresponsibility by owner of building or structure.
Section 29-5-90. Dissolution of lien for failure to serve and file statement; contents of statement.
Section 29-5-100. Proceedings not invalidated by inaccuracy of statement of account.
Section 29-5-110. Release of lien upon filing written undertaking and security.
Section 29-5-120. Time for bringing suit to enforce lien; dissolution and release of lien.
Section 29-5-130. Enforcement of certain liens before magistrate's court.
Section 29-5-140. Enforcement of lien by petition to court of common pleas.
Section 29-5-150. Service of petition.
Section 29-5-160. Contents of petition.
Section 29-5-170. Petition filed by multiple lienors.
Section 29-5-180. Amendments of pleadings.
Section 29-5-190. Notice to owner and other creditors.
Section 29-5-200. Notice by publication or other than personal service.
Section 29-5-210. Further notice of suit.
Section 29-5-220. Hearing on claims of lienors.
Section 29-5-230. Questions for jury.
Section 29-5-240. Determination of claims due but not yet payable.
Section 29-5-250. Recovery for part performance.
Section 29-5-260. Sale of premises if lien established.
Section 29-5-270. Sale of part of property.
Section 29-5-280. Notice of sale.
Section 29-5-290. Distribution of proceeds of sale.
Section 29-5-300. Distribution of proceeds by court.
Section 29-5-310. Distribution of surplus.
Section 29-5-320. Prior attaching creditor is preferred.
Section 29-5-330. Distribution of proceeds where there is attaching creditor.
Section 29-5-340. Subsequent attachments.
Section 29-5-350. Attachments intervening between two liens.
Section 29-5-360. Rights of creditors among themselves.
Section 29-5-380. Executor or administrator may enforce creditor's lien.
Section 29-5-390. Suits begun by one creditor may be prosecuted by another.
Section 29-5-400. Allowance of claim and costs of petitioning creditor.
Section 29-5-420. Civil action not barred.