Menu

South Dakota Questions

All Status
All Topics
South Dakota
Project is located in Sioux Falls, SD. Was delayed for 1 year+ at no fault of our own (subcontractor), and is now finally substantially complete (as of 4/13/18). Contract is paid to date with exception of balance pay app for $25K, plus $12K retention. We have submitted a claim for delay damages that total $11K which GC refuses. Our question is: are we able to enforce any lien rights for our claim or are the lien rights reserved for the contract price ONLY?...Read More
Anonymous Contractor
1 answerAdd commentJun 19, 2018
South DakotaMechanics Lien
Contractor's attorney disputes validity of our Lien stating "it has lapsed due to your failure to enforce it. Under SDCL §5-22-8, a lien may be discharged for 'lapse of the time within which an action to enforce the same may be commenced without such action having been commenced.' SDCL 5-22-7 provides that: All claims to liens under this chapter relating to public improvement contracts shall cease to have any validity or to be binding upon the public body or the contractor under the provisions of this chapter unless an action to enforce the same as hereinbefore provided shall be commenced within thirty days from the acceptance of the work for which the same shall be claimed. ...As of today’s date, A Thru Z has not taken further action to enforce its lien...because A Thru Z has not taken any action to enforce its Public Claim of Lien within thirty (30) days of acceptance of A Thru Z’s work, its Public Claim of Lien has ceased to have any validity under SDCL 5-22-7 and 5-22-8." 1. Is this correct? 2. If so, we were not aware of this requirement to maintain/effectuate the Lien. I would expect that zLien should have advised us accordingly at the time we issued it. Did they and we missed it??...Read More
Anonymous Contractor
1 answerAdd commentDec 13, 2018
South DakotaLien DeadlinesLien ForeclosureMechanics Lien
rented a piece equipment, they made a pile of material that they will be selling, but did not pay us for rent of the machine....Read More
Anonymous Contractor
1 answerAdd commentFeb 21, 2019
South DakotaRight to Lien
we give two cilvil works to one Contractor later on he complete one civil work and walk off work from 2nd civil work, will we pay him of work one if we pay work one we goes into loss because of new tendering etc.....Read More
Anonymous Contractor
1 answerAdd commentSep 1, 2019
South Dakota
My company has an on-call sewer maintenance relationship with a large property owner in Rapid City. Do we file a lien on each individual property or the company as a whole? They have also sold a subdivision that we are still owed money on. It has been less than 60 days for those properties....Read More
Anonymous Contractor
1 answerAdd commentDec 31, 2019
South DakotaLien DeadlinesRight to Lien
I’m a home owner some guy that did work on my house filled a lien on me he never finished his job I hired someone else he came back 4 6 weeks later and he was all pissed I hired someone else and demanded money we agreed on a price I paid him some of that money after when 30 days hit he filled a lien on me! Should I take. Him to court...Read More
Anonymous Contractor
1 answerAdd commentMar 8, 2020
South DakotaLawsuitMechanics LienRight to Lien
im a small construction business i have 1 main contractor who subbs to me are /is any help for me to continue to pay him ?...Read More
Anonymous Contractor
1 answerAdd commentMar 22, 2020
South DakotaConstruction ContractCoronavirus
I'm taking night classes and I've already answered the question but my professor wants more options. If a contractor files a mechanics lien and receives partial payment, what can he do to full payment NOW? ...Read More
Anonymous Contractor
1 answerAdd commentApr 30, 2020
South DakotaConstruction Contract
I am a small contractor who did excavation work for a large company. I had a retainage fee withheld for my work which was to be paid October 1 of 2019. I finally received payment on May 4, 2020. The company took off all my interest charges for the late payments. They told me because it is a retainage fee I can not charge the interest. Can I charge interest and are they required to pay it. The work took place in South Dakota. ...Read More
Anonymous Contractor
1 answerAdd commentMay 8, 2020
South DakotaRetainage
I am the home owner. My home has closed. I researched that my contractor never filed SD required soils report and somehow obtained the building permit without submitting it. I have been in my home less than a year. The crawl has water even with a sump pump. The soils report states a minimum of 1' of engineered fill under footings. Another contractor evaluated that I have no engineered fill. My foundation is compromised. My health and home are compromised with standing water. I have followed the process for the year warranty and the contractor has denied my claim. Oh... and there are live frogs surviving in my crawl. This involves my brother's house as well, on an adjacent lot, with the same contractor. I need direction....Read More
Anonymous Contractor
1 answerAdd commentJul 5, 2020
South DakotaDefects
We are an Electrical Contractor. We were called by a Company from MN to Trouble shoot a Copper Connection at the West Ridge Wind Energy site in Pipestone MN. $2,433 - Labor Only....Read More
Anonymous Subcontractor
Waiting for answerAdd commentAug 13, 2020
South Dakota
We are a small South Dakota contractor in the fiber optic splicing field. We subcontract from Prime (general contractors) The project we worked on was a Federally Funded Construction Project (RUS) in Iowa. The prime contractor is past due one year on approved invoices of $129,000.Last payment on this project was last year Sept 2019. What about Federal Prompt Payment in this situation? The prime spent months trying to demand we sign off on invoices with lien waivers that we had not received payment. We did not do as they owed this extreme amount. After this was unsuccessful. About a month ago, the prime contractor has now sent us a claim of unsatisfactory workmanship. There has been no mention of this terminology prior to a month ago. As this was there last recourse for non payment of past due invoices. Don't they have to prove this statement after this length of time? ...Read More
Anonymous Contractor
Waiting for answerAdd commentSep 11, 2020
South DakotaPayment Disputes
My husband did a full roof 12×12 pitch 24 square tear off and reshingle. He got a check and when he went to cash it they put a stop payment on the check. We paid for labor and now our account is in the negative. What can we do...Read More
Anonymous Contractor
Waiting for answerAdd commentSep 19, 2020
South DakotaMechanics Lien
I am an owner and have a lump sum contract with the GC ($700,000 lump sum and about $100,000 I requested for extras). I want to protect myself from subcontractors filing potential lien (if the GC did not pay them). Can the GC refuse me a request for lien waver from all subcontractors?...Read More
Anonymous Contractor
1 answerAdd commentOct 26, 2020
South Dakota
A contractor filed a lien in SD on my commercial property which is also my home. He filled a lien on my property having the notary show a date as of Oct 29, 2020 and I received the reg. mail Nov. 7, 2020. The contractor never finished the work and I have hired a home inspector who has documented in writing endless things not finished, incorrect done with questionable workmanship. He has also received excess of 50K in payments and I have not heard from him for months. I keep thinking he was coming back because 6 or 8 months ago he left some of his equipment at my residence. The only thing that he has done recently was sent you young fellows to paint the concreate base that took 21/2 hours and charged me more then $750. dollars and billed me which was dated more then 120 days. ...Read More
Anonymous Contractor
1 answerAdd commentNov 10, 2020
South DakotaMechanics Lien