South Dakota Notice of Furnishing Form
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Get help filing your South Dakota Preliminary Notice
In some circumstances, sub-subcontractors and suppliers must serve a “Notice of Furnishing Labor or Materials” upon the prime contractor to preserve its lien rights. This is required when the prime contractor has filed a Notice of Commencement at the beginning of construction, and must be served within 60 days of the last furnishing or labor and/or materials by the claimant.
Rules and regulations for sending a South Dakota Preliminary Notice
In some circumstances, sub-subcontractors and suppliers must serve a "Notice of Furnishing Labor or Materials" to preserve its lien rights. This is required when the prime contractor has filed a Notice of Commencement at the beginning of construction, and must be served within 60 days of the last furnishing or labor and/or materials by the claimant.
This deadline marks the end of the 60 days period, when your Notice of Furnishing Labor or Materials is due.
After completing the South Dakota Notice of Furnishing 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 Preliminary Notice
Can a prelimary notice of lien be filed on a house in North Carolina that has been sold but not yet closed.
How do I put a lien on the property and sue these people for kicking me out after remodeling and getting my tools stolen
First, filing a lien under the circumstances you present is problematic. There are strict deadlines for noticing intent and recording your lien. Sounds to me like this is an afterthought and not within 4 months of your last date of work, but perhaps I'm wrong there. In any event, if you're seeking items from two years ago, I doubt that would go well for you under a mechanic's lien theory of recovery.
Second, it doesn't sound like there was much of an arrangement between you and the owner, this was something you were doing to improve the residence you were living in.
Third, if you're broke, what good is the mechanic's lien anyway? Even if it were valid, you'd still need to take action on it to pursue it. If they've just refi'd, I imagine the property is encumbered to a not-insignificant extent. The loan already closed, so presumably they aren't going to refi again or sell very soon. If you don't have the money to pursue a wrongful eviction, foreclosure likely isn't within your current financial ability to pursue. If you aren't going to foreclose, then you still have other claims and remedies, but I'd think you'd handle most of those claims and damages within a wrongful eviction case, should you ever have the means to pursue that case.
I have not been paid and didnt file the 20 day due 9 months ago
Most likely your best course of action at this point would be a demand letter and potentially a breach of contract action against the GC who has not paid you. If there is a payment bond on the project your may still have time to make a claim against this bond. But otherwise, because you did not send preliminary notice, you would not have lien rights.
Ask a construction lawyer about a South Dakota Preliminary Notice
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.
25 MARKET ST
ABERDEEN, South Dakota, 57401
phone: (605) 626-7140
200 East 4th Ave.
Mitchell, South Dakota, 57301
phone: (605) 995-8616
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