Filing a South Dakota Mechanics Lien

In South Dakota, liens filed on private property or funds relating to a public project are known mechanics’ liens . When a South Dakota mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of the property. When a South Dakota mechanics lien is filed with regard to work performed on a public or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The primary reason for this is you cannot force the sale of publicly owned property. South Dakota construction liens can be filed for any alteration, repair, erection, or removal of any building, bridge or other structure, etc. Liens may also be filed upon any mine or mining claim, oil or gas well or spring construction project.

Contractors, subcontractors, and suppliers who provide work, materials, or services on construction projects in South Dakota have mechanics’ lien rights.

Subcontractors and lower tier suppliers may file a “notice of claim” indicating the items and amounts and dates of its work and/or materials that are due and owing. The contractor has 15 days to dispute the claim, after which, it is presumed that there is no dispute and the owner may pay the amount of the claim to the lien claimant and deduct such monies from the money owed to the contractor.

A South Dakota construction lien may be filed within 120 days from the last work or furnishing of the last item or services, material, or machinery to the project.

To find out more info on filing a Mechanics Lien in South Dakota, please visit LienItNow.