South Dakota Mechanics Lien Form
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Get help filing your South Dakota Mechanics Lien
When unpaid on a private construction project in South Dakota, parties who furnished labor and/or materials thereto may file a Lien Statement within 120 days of last furnishing labor/materials to preserve their claims for payment.
Fill out the form on the right to download your South Dakota Mechanics Lien Form. Use this form to file a lien in South Dakota.
Rules and regulations for sending a South Dakota Mechanics Lien
Lien Statements must be filed within 120 days after the last day labor and/or materials are furnished to the project. This deadline marks the end of this 120 day period, and your lien is due before this deadline.
After completing the South Dakota Mechanics Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about South Dakota Mechanics Lien
can a contractor file a lien. It should be note he never sent a preliminary notice
I'm sorry to hear about the trouble you have been having. To tackle the first part of your question as to whether it is required to send a preliminary notice in South Dakota, it depends. On private projects, general contractors are not required to send a preliminary notice. However, if the GC filed a notice of commencement, subcontractors and suppliers must send a preliminary notice on private projects.
If you are dealing with a GC in this case and they weren't required to file a preliminary notice before filing a mechanics lien, this Levelset post in regards to disputing an invalid lien claim will likely be helpful to you.
Defending against a South Dakota mechanics lienThe fastest and cheapest way to have a lien removed will typically be to have the claimant release their lien themselves. And, an owner may be able to convince the claimant to abandon the lien by threatening to pursue legal action to have the lien removed and to recover damages under a claim like slander of title. Another potential option might be to negotiate a partial payment in exchange for the release. While that might not be easy to stomach, it would likely be cheaper and less stressful than challenging a lien via legal action. Finally, as you mentioned above, challenging the lien claim via legal action is another popular option. And, it's pretty common for owners to take a mechanics lien dispute to court - especially when there are obvious issues with the lien. Your attorney will be able to evaluate the validity of the claim that was filed then advise on how best to combat it.
Lien lapse in South Dakota, for failure to enforce within 30 days?!
Ask a construction lawyer about a South Dakota Mechanics Lien
Other forms to use in South Dakota
South Dakota County Recorders
Looking to file/record a mechanics lien in South Dakota? You'll need to get your South Dakota mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in South Dakota. Click on any county to find more information about how to get your lien recorded in that county.
520 3rd St Suite 120
Brookings, South Dakota, 57006
phone: (605) 696-8240
25 MARKET ST
ABERDEEN, South Dakota, 57401
phone: (605) 626-7140
14 1st Ave. SE
Watertown, South Dakota, 57201
phone: (605) 882-6278
200 East 4th Ave.
Mitchell, South Dakota, 57301
phone: (605) 995-8616
210 E 5th Ave
Milbank, South Dakota, 57252
phone: (605) 432-4752
90 Sherman St
Deadwood, South Dakota, 57732
415 N. Dakota Ave.
Sioux Falls, South Dakota, 57104
phone: (605) 367-4223
130 Kansas City St
Rapid City, South Dakota, 57701
400 S Main
Parker, South Dakota, 57053
phone: (605) 297-3443
4304 4th Avenue
Selby, South Dakota, 57472
phone: (605) 649-7057
321 W. Third St., Suite 205
Yankton, South Dakota, 57078
phone: (605) 260-4400, Ext 5