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South Dakota Lien & Bond Claim Deadlines

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Notice of Commencement
30 days from first furnishing

Notice of Project Commencement and Location Notice

A general contractor should record a Notice of Commencement 30 days from the first day on the residential project in South Dakota. In addition to the NOC, the general contractor should post a location notice on the jobsite. These two documents put the subcontractors and suppliers, "on notice" to send a Notice of Furnishing Labor and Materials.

Lien
120 days from last furnishing

Lien Statement by Lien Claimant

In South Dakota, a Mechanic's Lien must be filed by the general contractor within 120 days of last furnishing of labor and/or materials to the project to the residential project.

Preliminary Notice
60 days from first furnishing

Notice of Furnishing Labor or Materials

A Notice of Furnishing is required only if a Notice of Project Commencement has been filed. If a Notice of Commencement has been filed, a Notice of Furnishing must be filed in response within 60 days of the first furnishing of labor and/or materials to the South Dakota residential project. It is best business practice for the subcontractor to send a Notice of Furnishing on every project.

Lien
120 days from last furnishing

Lien Statement by Lien Claimant

A Mechanic's Lien must be filed in South Dakota by the subcontractor within 120 days of last furnishing of labor and/or materials to the residential job.

Preliminary Notice
60 days from first furnishing

Notice of Furnishing Labor or Materials

A Notice of Furnishing is required from the supplier in South Dakota only if a Notice of Project Commencement has been filed for the residential project. If a Notice of Commencement has been filed, a Notice of Furnishing must be filed in response within 60 days of the first furnishing of labor and/or materials to the project. It is the best business practice to send a Notice of Furnishing on every project.

Lien
120 days from last furnishing

Lien Statement by Lien Claimant

For residential jobs in South Dakota, a Mechanic's Lien must be filed by the supplier within 120 days of last furnishing of labor and/or materials to the project.

What is your role on the project?
Notice of Commencement
30 days from first furnishing

Notice of Project Commencement and Location Notice

A General Contractor should record a Notice of Project Commencement 30 days from the first day on the South Dakota commercial project. In addition to the NOC the GC should post a Location Notice on the jobsite. These two documents put the subcontractors and suppliers, "on notice" to send a Notice of Furnishing Labor and Materials.

Lien
120 days from last furnishing

Lien Statement by Lien Claimant

General contractors in South Dakota must file a Mechanic's Lien within 120 days of last furnishing of labor and/or materials to the commercial project.

Preliminary Notice
60 days from first furnishing

Notice of Furnishing Labor or Materials

A Notice of Furnishing is required only if a Notice of Project Commencement has been filed by the subcontractor for the South Dakota commercial job. If a Notice of Commencement has been filed, a Notice of Furnishing must be filed in response within 60 days of the first furnishing of labor and/or materials to the project. It is the best business practice to send a Notice of Furnishing on every project.

Lien
120 days from last furnishing

Lien Statement by Lien Claimant

The subcontractor must file a Mechanic's Lien within 120 days of last furnishing of labor and/or materials to the commercial project.

Preliminary Notice
60 days from first furnishing

Notice of Furnishing Labor or Materials

A Notice of Furnishing is required to be sent by the supplier to the South Dakota commercial project only if a Notice of Project Commencement has been filed. If a Notice of Commencement has been filed, a Notice of Furnishing must be filed in response within 60 days of the first furnishing of labor and/or materials to the project. It is the best business practice to send a Notice of Furnishing on every project.

Lien
120 days from last furnishing

Lien Statement by Lien Claimant

A Mechanic's Lien must be filed by the supplier within 120 days of last furnishing of labor and/or materials to the commercial project in South Dakota.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Recommended but not required

Preliminary Notice (Public work)

Although it is not a legal requirement to send a Preliminary Notice, it is the best business practice to do so if you are a subcontractor to a South Dakota state project. Sending a Preliminary Notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
120 days from last furnishing

Claim on Bond

A Claim on Bond must be filed by the subcontractor on the South Dakota state job within 120 days of last furnishing of labor and/or materials to the project.

Preliminary Notice
Recommended but not required

Preliminary Notice (Public work)

Although it is not a legal requirement for suppliers to send a Preliminary Notice, it is the best business practice to do so. Sending a Preliminary Notice advises all parties that you are working on the state project and helps you get paid faster in South Dakota.

Claim on Bond
120 days from last furnishing

Claim on Bond

A Claim on Bond must be filed within 120 days of last furnishing of labor and/or materials to the project.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice for federal projects, it is best practice for subcontractors to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

Miller Act Notice needs to be sent by the subcontractor 90 days from last furnishing of labor and/or materials to the federal project.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement for suppliers to send a preliminary notice, it is best practice to do so for federal projects. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice is required to be sent by the supplier 90 days from last furnishing of labor and/or materials to the federal project.

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