South Dakota

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COMMERCIAL:

  • Upfront Notice:
    • BICA sends a Courtesy Notice.
    • Notice of Lien for Improvements/Notice of Contract:
      • This is an optional notice that can be filed with the County Register of Deeds
      • It is filed to protect your lien rights in case the property is sold or mortgaged.
      • This notice is available on the BICA member portal.
  • Follow-up Notice (if not paid):
    • Notice of Furnishing Labor or Materials:
      • Required to be sent to the Contractor and Owner within 60 days of last delivery in order to file a lien.
      • This notice is available on the BICA member portal.
  • Sworn Account and Notice of Claim / Notice to Withhold:
    • May be served on the owner at any time
    • Must list items, amounts and dates furnished.
      • This can be done by sending copies of your invoices to BICA.
    • Requires the owner to withhold these funds from Contractor and pay directly to claimant
    • This notice is available on the BICA member portal.

RESIDENTIAL:

  • Same handlings as for Commercial.

PUBLIC:

  • Upfront Notice:
    • Account of Amount Due:
      • Ideally, filed with public officer within 20 days of furnishing.
      • If filed later, will be effective only on amounts not yet paid to contractor
  • Follow-up Notice: There is no statutory follow-up notice.