Private projects
General contractors are not required to send a preliminary notice on private projects.
General contractors are not required to send a preliminary notice on private projects.
General contractors are not required to send a preliminary notice on public projects.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
If the GC filed a notice of commencement, subcontractors and suppliers must send a preliminary notice on private projects.
Subcontractors and suppliers are not required to send notice on public projects.
However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.
It depends. General contractors may file a Notice of Project Commencement to help protect themselves from mechanics liens of sub-subcontractors and suppliers to subcontractors. The Notice of Project Commencement must be filed within 30 days of the commencement of work, and a location notice must be posted on the jobsite indicating that Notice of Commencement has been filed with the Register of Deeds.
If the general contractor has filed a Notice of Project Commencement and posted the location notice on the jobsite, no sub-subcontractor or supplier to a subcontractor has lien rights unless he gives Notice of Furnishing Labor or Materials within 60 days of last furnishing labor and or materials to the project. This notice is only required if the general contractor filed a Notice of Project Commencement and posted the location notice on the jobsite, and is only required of sub-subcontractors and suppliers to subcontractors.
In order to have effect, the Notice of Commencement (if elected to be filed by the general contractor) must be filed with the Register of Deeds within 30 days from the commencement of the project. The Location Notice must also be posted on the jobsite, and although there is no specific time requirement for posting the location notice on the jobsite, it is advisable to post it as soon as possible after the Notice of Commencement is recorded as the notice is ineffective until the location notice is posted.
If required, the Notice of Furnishing Labor or Materials must be given no later than 60 days after the last date on which the sub-subcontractor or supplier to a subcontractor furnished labor and/or materials to the project.
The Notice of Commencement is a voluntary filing. If it is filed after the 30-day deadline, the result is that sub-subcontractors and suppliers to subcontractors do not need to file Notices of Furnishing Labor or Materials in order to preserve their lien rights.
If a Notice of Furnishing is required, any sub-subcontractor or supplier to subcontractor who fails to provide the notice within the mandated 60-day period no longer has lien rights.
The general contractor’s Notice of Commencement must be filed with the Register of Deeds for the county in which the project is located. Additionally, a Location Notice must be posted on the jobsite.
The Notice of Furnishing should be served by registered or certified mail.
The general contractor’s Notice of Commencement must be filed with the Register of Deeds for the county in which the project is located, and a Location Notice posted on the jobsite.
Notice of Furnishing must be provided to the general contractor as well as the property owner.
The Notice of Commencement is effective when filed with the Register of Deeds and the location notice is posted at the jobsite.
The Notice of Furnishing is considered delivered when sent by registered or certified mail.
A Property Owner may serve an “Owner’s Demand for Lien Account” to any potential lien holders, requesting the lien holder to furnish the owner with an itemized and verified account of any lien claim. The owner must make this request within 15 days after contract completion. Any potential lien holder who receives this demand may not commence an action to enforce a mechanics lien until 10 days after furnishing the demanded statement.
No. South Dakota does not require that preliminary notice be given in order to preserve rights to make a claim on the bond. Note, though, that in order to preserve rights to make a claim on the funds still due to the contractor, notice must be given within 20 days of the last delivery of labor and/or materials to the project.
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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.
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.
South Dakota is another state in which the preliminary notice requirements of sub-tier parties are determined by the actions of the parties above.
Direct contractors, those parties that contract directly with the property owner, may file a Notice of Project Commencement to help protect themselves from mechanics liens of sub-subcontractors and suppliers to subcontractors, and to require notice to be provided by sub-tier parties. The Notice of Project Commencement must be filed within 30 days of the commencement of work, and a location notice must be posted on the jobsite indicating that Notice of Commencement has been filed with the Register of Deeds. Direct contractors, however, are not required to file a notice on commencement, and they are not required to provide any other preliminary notice in order to retain the ability to file a mechanics lien if one becomes necessary.
If the general contractor has filed a Notice of Project Commencement and posted the location notice on the jobsite, all sub-subcontractors or suppliers to a subcontractor must provide preliminary notice in order to retain lien rights. No sub-sub or supplier to sub will have lien rights when a direct contractor files and posts a notice of commencement unless the sub-tier party gives Notice of Furnishing Labor or Materials within 60 days of last furnishing labor and or materials to the project.
While this notice is only required if the general contractor filed a Notice of Project Commencement and posted the location notice on the jobsite, and is only required of sub-subcontractors and suppliers to subcontractors. It may be best practice for all subs to send preliminary notice on all projects to promote visibility, open channels for communication, and streamline payment.
South Dakota’s mechanics lien laws are strict about the language and information that you must include in the notice. Levelset’s free forms were written by construction attorneys to meet these requirements. Download the South Dakota preliminary notice form for free here.
Make sure you get this part right. Making a mistake when filling your preliminary notice form out could mean you lose your right to file a South Dakota mechanics lien down the line. Include all necessary information, and make sure it’s 100% correct.
The final step is to deliver the preliminary notice. You can deliver it by hand, by registered mail, or by certified mail, return receipt requested.
Preliminary notices must be delivered to the property owner and the general contractor, and you have a 60 day window to ensure the notice is served correctly.
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!