Mechanic's Lien Guide
South Dakota Mechanic's Lien Guide
Lien deadlines, notice requirements, and filing procedures for contractors, subcontractors, and suppliers in South Dakota.
South Dakota Lien Deadlines
Preliminary Notice
60 daysIf a "Notice of Project Commencement" was recorded and a "Location Notice" is posted at the job site, subcontractors and suppliers must send a "Notice of Furnishing Labor or Materials" within 60 days from first furnishing.
Intent to Lien
Before lienThe Intent to Lien is just an unrecorded "Lien Statement by Lien Claimant." This must be mailed via USPS certified mail to the owner prior to recording. The statute states that mailing the copy is a "condition precedent to filing" and that the post office receipt "shall be attached to the lien statement and filed." There is no specified waiting period between the mailing of the lien claim and the recording of the lien claim. It is best to wait at least one day so you can prove that the mailing occurred BEFORE the recording.
Mechanic's lien
120 daysMust file a "Lien Statement by Lien Claimant" in the county's register of deeds within 120 days of last furnishing labor or materials to the project. Enforcement must be initiated within 6 years from the date the last item of the claim was furnished (not the date of the lien recording). However, an owner can shorten this to 30 days from the date the claimant (lienholder) receives the owner's written demand to file suit. Mechanic's liens cannot be extended in South Dakota.
Calculate your South Dakota Mechanics Lien Deadline
Your project
DISCLAIMER: These deadlines are pulled from recent lien laws, but you should consult a lien expert or lawyer to understand the deadlines specific to your situation.
South Dakota deadlines
Showing deadlines for a Subcontractor. Deadlines can vary by role.
Enter your project dates on the left to calculate exact deadline dates.
Preliminary Notice
60 days from last furnishing (conditional: only if GC filed and posted Notice of Commencement; applies to sub-subcontractors, not first-tier subs)
Enter project dates to calculate
Mechanics Lien Filing
120 days after last labor or materials furnished
Enter project dates to calculate
Enforcement (foreclosure)
6 years from the last furnishing date
Calculated once you record the lien
South Dakota Lien Guide
Preliminary Notice & Notice of Intent
Preliminary Notice: Required by subcontractors and suppliers if general contractor recorded and posted a "Notice of Project Commencement." Notice of Intent to Lien: Not required in South Dakota.
Who Can File a Mechanic's Lien
Contractors, subcontractors, and suppliers are entitled to mechanic's lien rights in South Dakota.
Who Gets the Notice
Notice is given to the project owner and general contractor.
Information Required
Information needed to file a mechanic's lien in South Dakota includes: - Project owner's name - Description of the property - Amount owed - Description of the work or materials - Claimant's information
South Dakota Public Works
A claimant can place a lien on the funds held by the public entity for the project. A "Sworn Statement of Account" must be filed with the officer of the public body who is by law entrusted with the custody of the contract funds. This statement must be filed within 20 days after the last item of a claimant's work or materials was furnished. A late filing will only be effective for the amount due to the prime contractor at the time of filing. An action to enforce this lien on funds must be commenced within 30 days from the date of acceptance of the claimant's work by the public body. To file a valid bond claim, you must provide a written notice or affidavit to the contracting public entity. The timing for this is critical: your bond claim must be filed more than 6 months but less than 1 year after the completion and final settlement of the contract. Always obtain a copy of the payment bond. The bond itself may contain additional notice requirements or deadlines that are stricter than the state statute, and these requirements are legally binding. A lawsuit to enforce the bond claim must be filed after 6 months and within 1 year of final acceptance of the project.
South Dakota Lien Statutes
Official Resources
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