South Dakota Mechanics Lien Guide and FAQs

Fact-checked by the Levelset Legal Team
Last updated June 25, 2020
If contractors and suppliers don’t get paid on a construction project in South Dakota, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file a South Dakota mechanics lien.

I fill out their form, they do what they need to do and I don’t have to worry about it because it’s done.

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When should a mechanics lien be used in the payment process?

Start a job

Preliminary notice
slow
pay?

Escalate payment problem

Notice of intent to lien
no
pay?

Demand payment

Mechanics lien

South Dakota lien law deadlines for:

Preliminary notice deadlines
30 days

Optional notice of project commencement due 30 days after commencement. Location Notice must be displayed at jobsite.


Send Your Notice
Mechanics lien deadlines
120 days

Lien must be filed w/in 120 days after last labor or materials furnished.


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Enforcement deadlines
6 years

In South Dakota, an action to enforce a mechanics lien must be initiated within 6 years from the claimant's last furnishing labor or materials.


Note that the property owner can dramatically shorten this deadline. If the owner gives request to have lawsuit initiated sooner, the deadline is shortened to within 30 days of receipt of that request.

Preliminary notice deadlines
60 days

If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.


Send Your Notice
Mechanics lien deadlines
120 days

Lien must be filed w/in 120 days after last labor or materials furnished.


File A Lien Fast
Enforcement deadlines
6 years

In South Dakota, an action to enforce a mechanics lien must be initiated within 6 years from the claimant's last furnishing labor or materials.


Note that the property owner can dramatically shorten this deadline. If the owner gives request to have lawsuit initiated sooner, the deadline is shortened to within 30 days of receipt of that request.

Preliminary notice deadlines
60 days

If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.


Send Your Notice
Mechanics lien deadlines
120 days

Lien must be filed w/in 120 days after last labor or materials furnished.


File A Lien Fast
Enforcement deadlines
6 years

In South Dakota, an action to enforce a mechanics lien must be initiated within 6 years from the claimant's last furnishing labor or materials.


Note that the property owner can dramatically shorten this deadline. If the owner gives request to have lawsuit initiated sooner, the deadline is shortened to within 30 days of receipt of that request.