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].