South Dakota Preliminary Notice FAQs

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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