South Dakota Lien Laws
Lien laws vary significantly across states, reflecting the diverse legal landscapes and economic conditions throughout the U.S. These laws govern the rights of creditors to claim an interest in property to secure payment for debts. For instance, some states have specific statutes that provide detailed processes for mechanics’ liens, allowing contractors and suppliers to enforce claims for unpaid work or materials on construction projects. In contrast, other states might have more streamlined or less detailed regulations.
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Supplier – Preliminary notice requirements to file mechanic lien
60 days: If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.
Supplier – Mechanic Lien
120 days: Lien must be filed within 120 days from last labor or materials furnished.
Subcontractor – Preliminary notice requirements to file mechanic lien
60 days: If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.
Subcontractor – Mechanic Lien
120 days: Lien must be filed within 120 days from last labor or materials furnished.
General Contractor – Preliminary notice requirements to file mechanic lien
30 days: Optional notice of project commencement due within 30 days of commencement. If a notice of commencement is recorded then a Location Notice must be posted at jobsite.
General Contractor – Mechanic Lien
120 days: Lien must be filed within 120 days after last labor or materials furnished.
Timeframe to foreclose lien
Enforced within 6 years after last labor or materials furnished, unless owner gives request to have lawsuit initiated sooner – then required within 30 days of receipt of request.
Construction participants not covered by lien law
Construction project participants who complete work that is unauthorized by the owner, agent of the owner, contractor, or subcontractor are not protected by the lien laws.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed.