South Dakota

South Dakota

South Dakota Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

A Prime Contractor should file a “Notice of Project Commencement” at the beginning of the job.

Not Required

A Construction Lien Commonly known in South Dakota as a “Lien Statement by Lien Claimant” should be recorded one hundred and twenty days (120)  from last day on project.

Sub Contractor

Sub-subcontractors  should send a “Notice of Furnishing labor or Materials” to the project sixty days (60) from last day on the project.

Not Required

A Construction Lien Commonly known in South Dakota as a “Notice of lien for Improvements/Notice of Contract” should be recorded one hundred and twenty days (120)  from last day on project.

Suppliers/Other

Suppliers should send a “Notice of Furnishing labor or Materials” to the project sixty days (60) from last day on the project.

Not Required

A Construction Lien Commonly known in South Dakota as a “Notice of lien for Improvements/Notice of Contract” should be recorded one hundred and twenty days (120)  from last day on project.

South Dakota 

Notice of Project Commencement, Satisfaction with Mechanics Lien

 

1. How long do I have to file a claim of lien in South Dakota?

120 days after the last day that labor and/or materials are furnished in accordance to the contract.

 

2. Do I have to file any notices before I start work on a property in South Dakota?

No.  It is advisable for prime contractors to a Notice of Project Commencement.

SECURE YOUR LIEN RIGHTS by ile a Notice of Project Commencement NOW!

 

3. When is my last day of work so that I can file a lien to get paid?

The last date services were performed in accordance to the contract.

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4. Who do not have any lien rights in the state of South Dakota?

Contractors, subcontractors, or anyone contracted to provide work, that is unauthorized will not be protected under the lien rights. 

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5. How long do I have to file for a lien of foreclosure?

Within the 6 years filing period allowed, after the lien statement was filed.  Does my mechanic lien have priority over other liens?

 

6. Is there any mandatory notice requirement in South Dakota?

Yes.

 

7. Who satisfies the lien when I get paid?

The lien claimant must deliver to the owner a Satisfaction with Mechanics Lien, within 10 days of receiving the written document.

8. What cost can I claim for?

South Dakota allows broad protection to parties that supply materials, services, and/or labor.  Costs or damages that are included at the discretion of the court are items such as attorneys’ fees and receivers’ fees and other expenses that courts may deem “warranted” and “necessary.” 

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South Dakota State Projects
Notice Requirements
Lien Requirements
Prime Contractor

Not Required

Prime Contractor has one hundred and twenty days (120) from last furnishing materials and/or labor to a project to record a Construction Lien.

Suppliers/Other

Not Required

Sub Contractor has one hundred and twenty days (120) from last furnishing materials and/or labor to a project to record a Construction Lien.

Get Paid Now!Secure your lien rights and get paid on your terms.At SunRay we are interested in the success of your business, as your success is our success!