Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of South Dakota.

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.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.