South Dakota Lien Waivers Guide and FAQs

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South Dakota Lien Waiver FAQs

South Dakota Lien Waiver Overview

South Dakota Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

South Dakota does not require that lien waivers follow any specific form in order to be effective.


lien waivers do not need to be notarized
Notarization Not Required

South Dakota lien waivers do not need to be notarized in order to be effective.


icon-can't waive lien rights
Cannot Waive Rights in Contract

The law is not clear in South Dakota, and while there is no specific statutory prohibition on waiving future lien rights in contract, dicta in a South Carolina Supreme Court case seems to say that waivers unrelated to payment are not allowed.


icon-can
Can Waive Rights Before Payment

South Dakota law is not clear about lien waivers prior to payment, but case law and statutory law seems to allow for waiving lien rights for less than full value, or pursuant to endorsing a joint check even if payment is not actually received.

South Dakota lien waivers are mostly unregulated. And, while this means that a lien waiver form can say pretty much anything, it doesn’t mean that anything goes with respect to timing.

South Dakota law does not specify exactly what a lien waiver must say in order to be effective, and does not provide lien waiver form templates that construction participants can use to make sure the waiver is valid. This means that parties on a South Dakota construction project, have the freedom to choose the exact format and language of lien waivers – which also means that a South Dakota lien waiver can include language that waives more than a party may be intending to waive.

There are, however, some probable limitations on how and when contractors, subcontractors, and suppliers can waive their lien rights in South Dakota. While South Dakota statutory law is mostly silent with respect to lien waivers, and what is allowed, there are some court cases that provide potential guidance. While not directly saying so in the holding, there are South Carolina Supreme Court cases in which dicta (or the language of the court in making it’s decision) seems to say that waivers unrelated to payment are not allowed.

In South Dakota, like everywhere, construction stakeholders must be careful when exchanging lien waivers. The right file a mechanics lien is powerful, and though lien waivers are exchanged routinely, they can be consequential when the mechanics lien right is lost. The resources, forms, guides, and frequently asked questions about South Dakota Lien Waivers on this page will help you get it right.

South Dakota Lien Waivers FAQs

South Dakota's lien waiver requirements and rules can be difficult to understand, especially since many of the rules are not particularly clear. Lien waivers in South Dakota are generally unregulated, which means that lien waivers and the text included on them can be a bit like the wild wild west. It's important to note though, that even though there is little specific regulation of lien waivers in South Dakota, they are still legal documents that can have big impacts on a project and on a construction participant's ability to get paid. We have answers to some of the most common questions about South Dakota's lien waiver rules below.

South Dakota Lien Waiver FAQs

Does South Dakota require a specific statutory lien waiver form?

No, South Dakota does not provide or require statutory forms for lien waivers.

What are the requirements for a South Dakota lien waiver? What makes a lien waiver binding?

South Dakota law notes that mechanics liens may be “expressly waived as provided in this chapter (44-9A) in addition to all other means presently existing under law by which such liens may be waived.”

While not specifically helpful, this means that there are statutory ways by which a right to file a mechanics lien can be waived (pursuant to endorsement of a joint check, for example) and there are other, additional ways that a lien waiver can be effective.

Are Unconditional Lien Waivers Prohibited in South Dakota?

South Dakota statutes and South Dakota courts do not specifically prohibit unconditional waivers, although there is some language in South Dakota Supreme Court decisions that seems to hint that there must be some connection to payment in order for a lien waiver to be effective.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in South Dakota?

South Dakota law is silent on advance waivers.

Must a South Dakota lien waiver be notarized?

No. A South Dakota lien waiver does not need to be notarized, but it must be done by joint check and a separate written agreement of waiver between parties.

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Free South Dakota Lien Waivers Forms & Templates

South Dakota does not have required lien waiver forms, but here are some lien waiver templates that can be used on South Dakota projects. Since South Dakota lien waiver forms are unregulated, it can be easy to end up waiving more than intended. Using these forms, which were drafted by construction attorneys, is safe, easy, stress-free, and fair for everyone involved.

The forms provided here for free by Levelset were drafted by construction attorneys so that they are fair for everyone and don’t contain surprises. You can download them free, or use our free system to send or request your compliant South Dakota lien waiver form.

 

Free South Dakota Lien Waiver Forms

These South Dakota lien waiver forms drafted by attorneys to be fair and not contain surprises. Make it easy, and use forms from the source you can trust.

South Dakota Partial Unconditional Lien Waiver Form - free from

South Dakota Partial Unconditional Lien Waiver Form

This sd partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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South Dakota Final Conditional Lien Waiver Form - free from

South Dakota Final Conditional Lien Waiver Form

This sd final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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South Dakota Partial Conditional Lien Waiver Form - free from

South Dakota Partial Conditional Lien Waiver Form

This sd partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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South Dakota Final Unconditional Lien Waiver Form - free from

South Dakota Final Unconditional Lien Waiver Form

This sd final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

Get Form Now

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