• South Dakota is a FULL PRICE lien state.
• Any party that furnishes skill, labor, services, including light, power, water, equipment, or materials for the improvement, development, or operation of property, is entitled to lien rights.
• If a Notice of Project Commencement is properly filed, a Prime Contractor is protected from liens against the real estate by sub-subcontractors or suppliers to subcontractors. The Notice of Project Commencement must be filed within 30 days of the commencement of work.
  • South Dakota law does impose special notice requirements (the 60 day notice) on sub-subcontractors and suppliers of subcontractors if the general contractor has filed a Notice of Project Commencement under SDCL § 44-9-50 and has posted the required job site notice as required under SDCL § 44-9-51.

Public Improvement Lien:

• Mechanics' and materialmen's lien on amounts due under contract. Any person who shall furnish skill, labor, materials, machinery, or supplies, services, or equipment, in connection with the carrying on of any work of construction, alteration, or repair of any public improvement work of the State of South Dakota, or any of its political subdivisions including counties, townships, municipalities, school districts, drainage districts, and any departments, bureaus, agencies, or commissions thereof to any person who shall have made any contract or subcontract therefor, shall have a lien for the same upon all moneys in the control of such public body due or to become due under such contract. 5-22-1.
• A failure to file the Public Improvement Lien within 20 days will not defeat the lien upon the amount remaining due to the contractor at the time of filing.