South Carolina Performance BondS.C. Code § 11-35-3030
Bond threshold: $50,000.
South Carolina's $50,000 trigger is lower than the federal Miller Act's $150,000; state and local jobs are bonded at a smaller size than federal ones.
- Who requires it: South Carolina public owners awarding covered public works contracts (S.C. Code § 11-35-3030).
- Amount: Performance bond: 100% of contract price (excluding operation, maintenance and finance costs). Payment bond: 100% of contract price (excluding operation, maintenance and finance costs).
- Typical cost (estimate): about $500-$1,000 on a $50,000 contract with excellent credit, up to $2,500-$5,000 below 620. The surety sets the final price.
- Timing: We submit complete applications to the carrier promptly; most quotes within one business day.
South Carolina public works bonding at a glance
- Bond threshold
- $50,000
- Controlling statute
- S.C. Code § 11-35-3030
- Performance bond amount
- 100% of contract price (excluding operation, maintenance and finance costs)
- Payment bond amount
- 100% of contract price (excluding operation, maintenance and finance costs)
- Claim notice (sub-tier claimants)
- A 'remote claimant' (direct contract with a subcontractor or supplier of the bonded contractor, but no express or implied contract with the bonded contractor) has a right of action only upon written notice to the bonded contractor within 90 days from the date it last performed labor or furnished material/rental equipment, stating with substantial accuracy the amount claimed and the name of the party to whom furnished. Served personally or by registered/certified mail to the bonded contractor at any permanent office or at its address on Department of Labor, Licensing and Regulation records (11-35-3030(2)(c)). Optional/protective preliminary notice: a remote claimant's recovery is capped at the amount the bonded contractor owes the claimant's customer UNLESS the remote claimant served a 'notice of furnishing' (generally conforming to 29-5-20(B)) on the bonded contractor by certified or registered mail; after that notice, the contractor's payments downstream do not reduce the remote claimant's recovery.
- Deadline to sue on the payment bond
- Earliest: claimant must not have been paid in full within 90 days after last furnishing. Deadline: suit must not be commenced more than one year after the last date of furnishing labor/services/materials/rental equipment (11-35-3030(2)(c) and (2)(d)); venue in the county or circuit where the contract was to be performed.
- Federal jobs in South Carolina
- Miller Act (40 U.S.C. § 3131): bonds on federal contracts over $150,000
Source: S.C. Code § 11-35-3030 and the claim statutes cited below.
Getting paid: South Carolina payment bond claims
On South Carolina public work, S.C. Code Ann. 11-35-3030 (state procurement); 29-6-250 (payment bond for all governmental bodies) makes the payment bond, not a lien on public property, the security for unpaid labor and materials.
Notice
A 'remote claimant' (direct contract with a subcontractor or supplier of the bonded contractor, but no express or implied contract with the bonded contractor) has a right of action only upon written notice to the bonded contractor within 90 days from the date it last performed labor or furnished material/rental equipment, stating with substantial accuracy the amount claimed and the name of the party to whom furnished. Served personally or by registered/certified mail to the bonded contractor at any permanent office or at its address on Department of Labor, Licensing and Regulation records (11-35-3030(2)(c)). Optional/protective preliminary notice: a remote claimant's recovery is capped at the amount the bonded contractor owes the claimant's customer UNLESS the remote claimant served a 'notice of furnishing' (generally conforming to 29-5-20(B)) on the bonded contractor by certified or registered mail; after that notice, the contractor's payments downstream do not reduce the remote claimant's recovery.
Lawsuit deadline
Earliest: claimant must not have been paid in full within 90 days after last furnishing. Deadline: suit must not be commenced more than one year after the last date of furnishing labor/services/materials/rental equipment (11-35-3030(2)(c) and (2)(d)); venue in the county or circuit where the contract was to be performed.
Statute text: source 1, source 2. General information, not legal advice.
What a South Carolina performance bond costs
Premium on a $50,000 South Carolina contract (the trigger size):
South Carolina performance bond cost by credit profile
Based on a $50,000 Contract bond amount
- Excellent (750+)Rate: 1-2%$500-$1,000
- Good (680-749)Rate: 2-3%$1,000-$1,500
- Fair (620-679)Rate: 3-5%$1,500-$2,500
- Below 620Rate: 5-10%$2,500-$5,000
Illustrative ranges; the carrier sets final pricing.
How to get bonded for public work in South Carolina
Bid bond at bidding, performance and payment bonds at award: required on contracts over $50,000 under S.C. Code § 11-35-3030.
South Carolina performance bond questions
Does South Carolina require a performance bond on public projects?
Yes, on covered public works contracts (S.C. Code § 11-35-3030). The trigger: $50,000. Owners, lenders and bid documents can also require one by contract.
What is the South Carolina Little Miller Act threshold?
$50,000. State construction contracts require the bonds, which the agency may waive at $50,000 or less (§ 11-35-3030(2)(a)(iii)); any governmental body must require a payment bond on contracts over $50,000 (§ 29-6-250).
How much does a performance bond cost in South Carolina?
On a $50,000 South Carolina contract, typical ranges run about $500-$1,000 for excellent credit up to $2,500-$5,000 below 620. The issuing carrier sets the final price.
What is the deadline to sue on a South Carolina payment bond?
Earliest: claimant must not have been paid in full within 90 days after last furnishing. Deadline: suit must not be commenced more than one year after the last date of furnishing labor/services/materials/rental equipment (11-35-3030(2)(c) and (2)(d)); venue in the county or circuit where the contract was to be performed. (S.C. Code Ann. 11-35-3030 (state procurement); 29-6-250 (payment bond for all governmental bodies)). Confirm the deadline against the statute and your contract before relying on it.
Do subcontractors have to give notice before a South Carolina payment bond claim?
A 'remote claimant' (direct contract with a subcontractor or supplier of the bonded contractor, but no express or implied contract with the bonded contractor) has a right of action only upon written notice to the bonded contractor within 90 days from the date it last performed labor or furnished material/rental equipment, stating with substantial accuracy the amount claimed and the name of the party to whom furnished. Served personally or by registered/certified mail to the bonded contractor at any permanent office or at its address on Department of Labor, Licensing and Regulation records (11-35-3030(2)(c)). Optional/protective preliminary notice: a remote claimant's recovery is capped at the amount the bonded contractor owes the claimant's customer UNLESS the remote claimant served a 'notice of furnishing' (generally conforming to 29-5-20(B)) on the bonded contractor by certified or registered mail; after that notice, the contractor's payments downstream do not reduce the remote claimant's recovery. (S.C. Code Ann. 11-35-3030 (state procurement); 29-6-250 (payment bond for all governmental bodies)).
Who needs a South Carolina performance bond?
Contractors on public works projects in South Carolina above the statutory threshold. It is required by South Carolina public owners awarding covered public works contracts (S.C. Code § 11-35-3030). The bond amount is performance bond: 100% of contract price (excluding operation, maintenance and finance costs); payment bond: 100% of contract price (excluding operation, maintenance and finance costs).
How do I get a South Carolina performance bond?
Use the form on this page with the contract amount and the public owner.
What happens after I apply for a performance bond in South Carolina?
The carrier decides approval and the final premium; you pay only when the bonds are issued.
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