South Dakota Mechanics Lien Form

Mechanics liens are generally available to those who have performed work but not been paid for the work they've done. However, if a contractor hasn't fully performed under their contract and finished the job, that contractor generally won't be entitled to full payment. Before looking further, I think this article might provide some value to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Defending against a South Dakota mechanics lien

The 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.

I'm sorry to hear about that. First, it's worth noting that a property owner or other payor's first reaction to a lien filing is typically to challenge that lien. We discuss the idea in depth here: My Lien Was Challenged — What Do I Do?. As discussed in the article - a challenge against a lien does not necessarily indicate that there's an issue with the lien filing. That being said, zlien has noted the potential for the South Dakota lien enforcement period to be shortened to 30 days in several areas on its website, including: (1) in the South Dakota Lien and Notice FAQs (under "When is the Deadline to Enforce a South Dakota Mechanics Lien, or, How Long is My Lien Effective?"); and (2) 3 Important Nuances Within South Dakota Mechanics Lien Law. under § 44-9-26 of the South Dakota lien statute, an owner, an owner's agent, or a contractor can shorten the timeframe during which a South Dakota lien is effective by sending a written demand to the lien claimant. However, such a notice will only be effective to shorten the timeframe to lien if the written demand was served on the lien claimant and the party attempting to shorten the timeframe has provided proof that such a notice was sent to the party who held the lien. In the event that the notice was not properly sent to the lien claimant and/or that the party attempting to shorten the timeframe for lien has no proof that the lien holder was properly served, the time to enforce a filed South Dakota mechanics lien will not be shortened. Of course, it might be up to the lien claimant to dispute that the lien period should not be shortened - and that could take some sort of further legal action, such as a motion with the relevant court to dispute the issue. Finally, it's worth noting that while zlien provides a substantial amount of legal information regarding the lien laws across all 50 states, zlien is unable legally advise any user.