South Dakota Preliminary Notice Guide and FAQs

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South Dakota Preliminary Notice Rules
At A Glance


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Preliminary Notices CAN be Required

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.


30
DAYS
GCs Must Send Notice

Optional notice of project commencement due 30 days after commencement. Location Notice must be displayed at jobsite.


60
DAYS
Subcontractors Must Send Notice

If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.


60
DAYS
Suppliers Must Send Notice

If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.


icon-can't waive lien rights
Notice Cannot be Sent Late

If the direct contractor chooses to file a notice of commencement, it must be filed within 30 days from the start of the project in order to have effect. If it is filed, and a preliminary notice is required from sub-tier parties it must be given in the 60-day window in order for the sub-tier party to retain lien rights.


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Send to Property Owner and GC; File With Register of Deeds

A notice of commencement must be filed with the reigister of deeds for the county in which the project is located.

If required, a sub-tier preliminary notice must be delivered to the property owner and the GC.

Preliminary notice not required in WV
Preliminary Notice Not Required

South Dakota does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. 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.


X
Notice Not Required from Subs

South Dakota does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.

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.


X
Notice Not Required from Suppleir

South Dakota does not require preliminary notice to be delivered by any project participant in order to retain the right to make a claim against the payment bond secured for a public project. However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.

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.

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 Preliminary Notice Frequently Asked Questions

If you're working on jobs in South Dakota, it's important that you understand the potential requirements and rules surrounding preliminary notices. Even though notices are not specifically required in all cases, they can be if certain actions are taken by other parties If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult and tedious for all parties. These are some frequently asked questions (and answers) about the South Carolina preliminary notice process.

Prelim FAQs on Private Projects

Do I Need to Send a South Dakota Preliminary Notice?

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.

When do I Need to Send a South Dakota Preliminary Notice?

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.

What if I Send the South Dakota Preliminary Notice Late?

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.

How Should the South Dakota Preliminary Notice be Sent?

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.

Do I Have to Send the South Dakota Preliminary Notice to Someone Other than the Owner?

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.

Is the South Dakota Preliminary Notice Requirement met when sent or delivered?

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.

UNIQUE FEATURES OF SOUTH DAKOTA LIEN LAW

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.

Prelim FAQs on Public Projects

Do I Need to Send a South Dakota Preliminary Notice?

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.

When do I Need to Send a South Dakota Preliminary Notice?

N/A

What if I Send the South Dakota Preliminary Notice Late?

N/A

How Should the South Dakota Preliminary Notice be Sent?

N/A

To Whom Must the South Dakota Preliminary Notice be Given?

N/A

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South Carolina Preliminary Notice Form Template

Despite not being a specifically required document in all cases, the South Carolina preliminary notice form is regulated by statute. This doesn’t mean that the form has to look a certain way, but it does mean that the document must contain certain information. The forms provided here for free by Levelset are compliant with the South Carolina rules. You can download them for free, or use our system to send or request them easily.

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