Lien deadlines · South Dakota

South Dakota mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

South Dakota lien filing, all roles: 120 days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery (SDCL 44-9-15). Deadline to sue: Within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement (SDCL 44-9-24). Default preliminary notice, all but the direct contractor: None required (§ 44-9-10).

South Dakota · Lien deadlinesVerified 2026-10-03
Lien filing
120 days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery
Preliminary notice
Subcontractor, Sub-subcontractor, Supplier, Laborer: None required
Deadline to sue
Within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement

Preliminary notice

WhoProject typeBranchDeadlineStatute
Sub-subcontractor, Supplier, LaborerAnyIf a notice of project commencement is filed and posted under §§ 44-9-50 and 44-9-51, for a sub-subcontractor or a supplier to subcontractors, other than an individual laborer whose lien is less than two thousand dollars60 days after doing the last of such work, or furnishing the last item of such skill, services, material, or machineryStatute: SDCL 44-9-53
What the statute says about it. Without this notice, a sub-subcontractor or supplier to subcontractors may not extend the lien pursuant to § 44-9-15. The section does not apply to claims of individual laborers when the amount of their lien is less than two thousand dollars. Recipients: The contractor identified in the notice of project commencement; The owner of record (a copy of the notice). Delivery: Certified or registered mail. The post office receipt for mailing the notice is attached to the lien and filed in the office of register of deeds.
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: SDCL 44-9-10
What the statute says about it. A person furnishing items under a contract between the owner and a contractor may serve on the owner, at any time, a sworn account and notice of claim, and the owner then withholds from the contractor so much of the contract price as may be necessary to meet the claims of persons who have served such accounts and notices.
If the provisions of §§ 44-9-50 and 44-9-51 are first invoked, no sub-subcontractor or supplier to subcontractors is entitled to extend, pursuant to § 44-9-15, a lien created pursuant to subdivision 44-9-1(1), unless the sub-subcontractor or supplier has first provided notice of furnishing labor or materials by certified or registered mail to the contractor identified in the notice of project commencement and has provided a copy of the notice to the owner of record.
SDCL 44-9-53 · Official text · retrieved 2026-10-03
Notice pursuant to this section shall be made not later than sixty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, and the post office receipt for mailing such notice shall be attached to the lien and filed in the office of register of deeds.
SDCL 44-9-53 · Official text · retrieved 2026-10-03
Any person who gives notice in accordance with this section may extend a lien as provided in § 44-9-15.
SDCL 44-9-53 · Official text · retrieved 2026-10-03
This section does not apply to claims of individual laborers when the amount of their lien is less than two thousand dollars.
SDCL 44-9-53 · Official text · retrieved 2026-10-03
Any person furnishing any of the items for which a lien may be claimed under the provisions of § 44-9-1 under a contract, either express or implied between the owner of the property or his duly authorized agent or representative, and any contractor working upon or about such property may serve upon the owner, or his duly authorized agent or representative at any time, a sworn account and notice of his claim showing the items and amounts and the dates that the same were furnished, and thereupon the owner shall withhold from his contractor so much of the contract price as may be necessary to meet the claims of persons who have served such accounts and notices.
SDCL 44-9-10 · Official text · retrieved 2026-10-03

Notice of intent

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultBefore filing such lien statementStatute: SDCL 44-9-17
What the statute says about it. Recipients: The property owner, at the owner's last known post office address. Delivery: A copy of the lien statement, by registered or certified mail. The post office receipt for the mailing is attached to the lien statement and filed in the office of register of deeds.
Before filing such lien statement, the person claiming the lien shall mail to the property owner at his last known post office address, by registered or certified mail, a copy of such lien statement and the post office receipt for such mailing shall be attached to the lien statement and filed in the office of register of deeds.
SDCL 44-9-17 · Official text · retrieved 2026-10-03

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault120 days after doing the last of such work, or furnishing the last item of such skill, services, material, or machineryStatute: SDCL 44-9-15
What the statute says about it. The lien ceases at the end of that period unless a statement of the claim is filed within it.
The lien shall cease at the end of one hundred twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated, or of the county to which such county is attached for judicial purposes, or if the claim be under the provisions of subdivision 44-9-1(2), with the secretary of state.
SDCL 44-9-15 · Official text · retrieved 2026-10-03

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultWithin six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statementStatute: SDCL 44-9-24
What the statute says about it. No lien may be enforced unless its holder asserts it, by complaint or answer, within that time. If no action or suit is commenced within the six-year period, the owner, the owner's agent, or contractor may file an affidavit asking the register of deeds to cancel the lien, and the register of deeds cancels it of record within thirty days of the filing of the affidavit.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyUpon written demand by the owner, the owner's agent, or contractor, served on the person holding the lien, requiring the person to commence suit to enforce itWithin thirty days after such serviceStatute: SDCL 44-9-26
What the statute says about it. If suit is not commenced within that time, the lien is forfeited.
No lien may be enforced in any case unless the holder of the lien asserts the lien, either by complaint or answer, within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement.
SDCL 44-9-24 · Official text · retrieved 2026-10-03
If no action or suit has been commenced to enforce the lien during the six-year period, the owner of the property, the owner's agent, or contractor may file an affidavit with the register of deeds stating that the lien holder has not commenced suit to enforce the lien within the six-year period and requesting that the lien be cancelled.
SDCL 44-9-24 · Official text · retrieved 2026-10-03
The register of deeds shall cancel the lien of record within thirty days of the filing of the affidavit.
SDCL 44-9-24 · Official text · retrieved 2026-10-03
Upon written demand by the owner, the owner's agent, or contractor, served on any person holding a lien, requiring the person to commence suit to enforce the lien, the person shall commence suit within thirty days after such service or the lien is forfeited.
SDCL 44-9-26 · Official text · retrieved 2026-10-03

Notice of commencement and completion

Any owner, any person entering into a direct agreement with the owner, or the owner's duly authorized agent or representative may file a notice of project commencement with the register of deeds of the county in which the improved premises are situated, within thirty days of the commencement of work, and the person filing it posts the name and address of the contractor and a location notice at the job site. Once a notice of project commencement is filed and posted, § 44-9-53 requires a notice of furnishing from sub-subcontractors and suppliers to subcontractors.

Any owner or any person entering into a direct agreement with the owner, or the duly authorized agent or representative of the owner, may file with the register of deeds of the county in which the improved premises are situated a notice of project commencement.
SDCL 44-9-50 · Official text · retrieved 2026-10-03
The notice shall be filed within thirty days of the commencement of work and shall be accompanied by a filing fee as provided in subdivision 7-9-15(3).
SDCL 44-9-50 · Official text · retrieved 2026-10-03
Any person filing a notice of project commencement shall post the name and address of the contractor and location notice at the job site.
SDCL 44-9-51 · Official text · retrieved 2026-10-03
If the provisions of §§ 44-9-50 and 44-9-51 are first invoked, no sub-subcontractor or supplier to subcontractors is entitled to extend, pursuant to § 44-9-15, a lien created pursuant to subdivision 44-9-1(1), unless the sub-subcontractor or supplier has first provided notice of furnishing labor or materials by certified or registered mail to the contractor identified in the notice of project commencement and has provided a copy of the notice to the owner of record.
SDCL 44-9-53 · Official text · retrieved 2026-10-03

How the days are counted

The day of the event is not counted, and the last day of the period is.

The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last is a holiday and then it also is excluded.
SDCL 2-14-14 · Official text · retrieved 2026-10-03

A last day that falls on a Sunday or a legal holiday moves to the next day that is not one.

The first day of every week, known as Sunday; the first day of January, commonly known as New Year's Day; the third Monday in January, commonly known as Martin Luther King, Jr. Day; the third Monday in February, the anniversary of the birthdays of Lincoln and Washington; the last Monday of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, commonly known as Independence Day; the first Monday in September, commonly known as Labor Day; the second Monday in October, commonly known as Native Americans' Day; the eleventh day of November, known as Veterans' Day; the fourth Thursday in November, commonly known as Thanksgiving Day; and the twenty-fifth day of December, commonly known as Christmas Day; and every day appointed by the President of the United States, or by the Governor of this state for a public fast, thanksgiving, or holiday shall be observed in this state as a legal holiday.
SDCL 1-5-1 · Official text · retrieved 2026-10-03

Who the deadlines apply to

Every South Dakota rule on this page covers any project type.

The lien statement, the copy mailed to the owner before filing and both rules for suing name all five roles: the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer.

The preliminary notice stage leaves the direct contractor out. Its default row, from § 44-9-10, reads None required for the subcontractor, the sub-subcontractor, the supplier and the laborer [2]. The counted notice of furnishing names the sub-subcontractor, the supplier and the laborer, and only under its own condition, set out below.

How the periods run

The notice of furnishing. If a notice of project commencement is filed and posted under §§ 44-9-50 and 44-9-51, for a sub-subcontractor or a supplier to subcontractors, other than an individual laborer whose lien is less than two thousand dollars [1], the rule reads 60 days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery [1]. Without it, § 44-9-53 bars the sub-subcontractor or supplier to subcontractors from extending the lien under § 44-9-15 [1].

Under § 44-9-10, a person furnishing items under a contract between the owner and a contractor may serve the owner a sworn account and notice of claim at any time, and the owner then withholds enough of the contract price to meet such claims [2].

The lien statement. The filing rule reads 120 days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery [4]. Under § 44-9-15, the lien ceases at the end of that period unless a statement of the claim is filed within it [4].

Section 44-9-17 puts a mailing ahead of that filing, under the rule Before filing such lien statement [3]. It counts back from the filing, so no date is drawn.

Suit. The default rule reads Within six years after the date of the last item of the lien holder's claim as set forth in the filed and entered lien statement [5]. The calculator counts no date for it. Section 44-9-24 bars enforcement unless the holder asserts the lien, by complaint or answer, within that time. When no action is commenced within the six-year period [5], the owner, the owner's agent or the contractor may file an affidavit, and the register of deeds cancels the lien of record within thirty days of the filing of the affidavit [5].

Upon written demand by the owner, the owner's agent, or contractor, served on the person holding the lien, requiring the person to commence suit to enforce it, the rule reads Within thirty days after such service [6]. If suit is not commenced within that time, the lien is forfeited.

Notices of commencement and completion

The owner, a person in a direct agreement with the owner, or the owner's authorized agent or representative may file a notice of project commencement with the county register of deeds within thirty days of the commencement of work [7]. Whoever files it posts the contractor's name and address and a location notice at the job site [8].

Counting the days

Section 2-14-14 drops the first day of a period, keeps the last, and drops the last as well when it is a holiday [9]. Section 1-5-1 counts each Sunday as a legal holiday, along with its dated holidays and every day the President or the Governor appoints for a public fast, thanksgiving, or holiday [10]. When one of five fixed-date holidays falls on a Saturday, the preceding Friday is also a legal holiday; when one falls on a Sunday, the following Monday is [10].

What changed recently

Section 44-9-15 was last amended by SL 1961, ch 200 [4], § 44-9-24 by SL 2014, ch 212 [5], § 44-9-26 by SL 2007, ch 254 [6] and § 44-9-50 by SL 2012, ch 51 [7]. Section 44-9-17 was added by SL 1967, ch 153 [3], and §§ 44-9-51 and 44-9-53 come from SL 1999, ch 217 [8] [1].

Related

Lien deadlines: other states

Sources

  1. SDCL 44-9-53, South Dakota Legislature (retrieved 2026-10-03)
  2. SDCL 44-9-10, South Dakota Legislature (retrieved 2026-10-03)
  3. SDCL 44-9-17, South Dakota Legislature (retrieved 2026-10-03)
  4. SDCL 44-9-15, South Dakota Legislature (retrieved 2026-10-03)
  5. SDCL 44-9-24, South Dakota Legislature (retrieved 2026-10-03)
  6. SDCL 44-9-26, South Dakota Legislature (retrieved 2026-10-03)
  7. SDCL 44-9-50, South Dakota Legislature (retrieved 2026-10-03)
  8. SDCL 44-9-51, South Dakota Legislature (retrieved 2026-10-03)
  9. SDCL 2-14-14, South Dakota Legislature (retrieved 2026-10-03)
  10. SDCL 1-5-1, South Dakota Legislature (retrieved 2026-10-03)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Oklahoma, Oregon, Rhode Island and South Carolina.
  3. : 9 more jurisdictions published: South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming.
  4. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  5. : 10 more jurisdictions published: Iowa, Kansas, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi and Missouri.
  6. : Dataset first published: 9 of 51 jurisdictions published.