Reference Source

South Carolina

For South Carolina, performance bond threshold is For public highway construction contracts, a performance bond for 100 percent of the contract and in no case less than $10,000; payment bond threshold is Under $10,000 (highway work); bond amount is For other public improvement contracts, a performance and payment bond, both equal to 100 percent of the contract price; claim deadline is suit must be brought within one year after plaintiff last supplied materials or labor; preliminary notice required is must give written notice to contractor within 90 days from the date on which claimant did or performed the last of the labor or furnished or supplied the last of the material, verified against its source on 2026-08-17.

State
South Carolina our reading
Performance bond threshold
For public highway construction contracts, a performance bond for 100 percent of the contract and in no case less than $10,000 verified
Payment bond threshold
Under $10,000 (highway work) verified
Bond amount
For other public improvement contracts, a performance and payment bond, both equal to 100 percent of the contract price verified
Claim deadline
suit must be brought within one year after plaintiff last supplied materials or labor verified
Preliminary notice required
must give written notice to contractor within 90 days from the date on which claimant did or performed the last of the labor or furnished or supplied the last of the material verified
Statutory citation
South Carolina Code of Laws, Title 29, Chapter 5, §29-5-440 verified
Sourcefullertonlaw.com
Verified
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DatasetState public works payment and performance bond thresholds (Little Miller Acts)

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

SOUTH CAROLINA Amount of Bond: For public highway construction contracts, a performance bond for 100 percent of the contract and in no case less than $10,000; payment bond not less than 50 percent of the contract. For other public improvement contracts, a performance and payment bond, both equal to 100 percent of the contract price. Labor and Material Covered: Labor and material supplied in the prosecution of the work. Notice Required: No notice is required by a claimant having a contractual relationship, expressed or implied, with the principal contractor. However, any claimant having a direct contractual relationship with a subcontractor but no contractual relationship, expressed or implied, with the contractor must give written notice to contractor within 90 days from the date on which claimant did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made stating with substantial accuracy the amount claimed and the name of the party to whom material was furnished or supplied or for whom labor was done or performed. Time for Suit: In no event, may suit be commenced more than one year after the final settlement of the contract with respect to highway work. As to all other state construction, suit must be brought within one year after plaintiff last supplied materials or labor. Contracts Excluded: Under $10,000 (highway work). In the case of other public improvement contracts valued at $100,000 or less, the using agency may waive the bond requirements providing the using agency has protected the state. Penalty for Failure to Take Bond: No special statutory provision. Statutory Citation: South Carolina Code of Laws, Title 29, Chapter 5, §29-5-440.

fullertonlaw.com, retrieved 2026-08-17

Source

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