South Dakota Lien Waiver Guide
South Dakota accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
120 days from last furnishing labor or materials
Notice Requirements
Subcontractors must provide a preliminary notice (120 days from first furnishing).
Key Statutes
S.D. Codified Laws §44-9-1 et seq.
Waiver Types in South Dakota
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
South Dakota Lien Waiver Rules
South Dakota does not mandate statutory waiver forms. Custom waivers are used. Preliminary notice requirements for subcontractors must be followed. Waivers should clearly identify the payment and project.
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