South Dakota Lien Resources
Perfekt proudly serves the construction industry in South Dakota.
These are resources from the professionals at Perfekt to help you understand Your State Lien Rights in South Dakota.
Your Questions Answered
In South Dakota, for residential construction, a prelien is required to maintain lien rights and must be sent within 60 days of the last date of work on a job. A lien must be filed by or before 120 days after the last date of work. A prelien may be sent as soon as day 1 of working on the project. A lien may be sent as early as the 1st day after your last date of work on the project. A satisfaction may be filed with the county if a lien had been filed, and the money owed was either paid or some other deal was struck. Commercial construction does not require a prelien. The state of South Dakota does not require a notice of intent to lien.
On residential projects a prelien must be sent within 60 days of the last date of work on a project. Commercial projects do not require a prelien. A lien, whether commercial or residential, must be filed with the county within 120 days from the last date of work.
A prelien in South Dakota must be sent via certified mail before or by day 60 from the last date of work. If the property is commercial, a prelien is not required but can still be sent.
A South Dakota lien must be filed with the county in which the property resides. The lien must be filed by or before day 120 from the last date of work. A lien is filed against a real property and not against the owner; this clouds the title, and often is required to be satisfied before the propery can be sold and change hands. A prelien is required to be sent within the statutory timelines prior to a lien for residential projects. Keep in mind, it will take a few days to get a lien filed at a county once the service has been requested if you are using Perfekt’s services, so waiting until the last day to take action will be too late.
A satisfaction in South Dakota is filed with the county that the lien was filed at, which is the county that the property resides in. A satisfaction satisfies the lien and removes it from the property, creating a clean title (if there are no other liens on it). A satisfaction can only be filed if a lien was filed. If there was never a lien filed, there is nothing to satisfy utilizing a satisfaction.
In South Dakota, a bond claim must be sent within 120 days from the last date of work. A bond claim is for public projects that you wouldn’t foreclose on, such as government buildings, libraries, schools, park buildings (athletics). The bond claim is sent to the surity company and is claimed on the surity payment bond for the project. A copy of the bond is needed for a bond claim. A copy of the payment bond has the project name, bond number, general contractor who took out the bond, property owner and surety company responsible for paying the bond claims. A preliminary bond notice is not required in SD.
The first date of work is the first day that labor and/or materials arrive at the job site for the improvement of the property
The last date of work is the last day labor and/or materials are on the job site for the improvement of a property.
A prelien in South Dakota needs the property address, property owner and address (found through county research), hiring party name and address, first date of work, last date of work (can be estimate of when work will be complete), the lien amount (amount still owed), and description of the labor and/or materials.
A lien in South Dakota needs the property address, the legal description (which may be found through the research at the county), property owner name and address (found through research and pulling deed), hiring party name and address, first date of work, last date of work , the lien amount (amount still owed), and description of the labor and/or materials. SD also requires a detailed invoice of charges to be submitted with the lien. Before it can be filed with the county, a signature is required from an officer in the construction professional company filing the lien and it must be notarized. Once all this information is compiled in documents according to state statutes, it can then be filed at the county.
A satisfaction of lien in South Dakota requires a signature from an officer of the construction professional company that filed the lien, as well as the address and legal description of the property, and the lien filing date and document number. If you filed the lien utilizing Perfekt’s services, the address and legal description of the property, and the lien filing date and document number will already be in Perfekt’s system.
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