Mechanics Lien Claim

MECHANICS LIEN CLAIM

(State of South Dakota)
Pursuant to SDCL Chapter 44-9

RECORDING INFORMATION

Recording Requested By:

Name: [________________________________]

Address: [________________________________]

When Recorded, Return To:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

I. CLAIMANT INFORMATION

II. PROPERTY OWNER INFORMATION

III. HIRING PARTY INFORMATION (If Different from Owner)

IV. GENERAL CONTRACTOR INFORMATION

V. PROPERTY DESCRIPTION

Street Address of Improved Property: [________________________________]

City: [________________________________] County: [________________________________], South Dakota

Legal Description:

[________________________________]
[________________________________]
[________________________________]

(Attach as Exhibit A if lengthy. Per SDCL § 44-9-16, the lien statement must include a description of the property.)

Parcel ID Number: [________________________________]

VI. STATEMENT OF MECHANICS LIEN

The undersigned Claimant hereby claims a mechanics lien pursuant to SDCL § 44-9-1 et seq. against the above-described real property and improvements thereon, and states as follows:

A. Persons Entitled to Lien (SDCL § 44-9-1)

The Claimant is entitled to a lien as a:

☐ Contractor who performed work or furnished materials at the instance of the owner or the owner's agent
☐ Subcontractor
☐ Laborer
☐ Material supplier
☐ Architect, engineer, or surveyor
☐ Person who furnished or rented machinery or equipment
☐ Other: [________________________________]

B. Nature of Labor, Services, or Materials Furnished

The Claimant furnished the following labor, services, and/or materials for the improvement of the above-described property:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

C. Itemized Statement of Account (SDCL § 44-9-16)

South Dakota requires an itemized statement of account showing the items of labor and/or materials furnished:

(Attach additional pages as Exhibit B if necessary.)

D. Dates of Furnishing

E. Amount of Lien Claimed

VII. REQUIRED CONTENT CHECKLIST (SDCL § 44-9-16)

Pursuant to SDCL § 44-9-16, this lien statement contains:

☐ Notice of intention to claim a lien
☐ Amount of the lien claimed
☐ Description of the labor and/or materials provided
☐ Claimant's name and address
☐ Name and address of the hiring party
☐ First and last dates of furnishing labor and/or materials
☐ Description of the property sufficient for identification
☐ Name and address of the property owner
☐ Itemized statement of account

VIII. PRE-LIEN NOTICE COMPLIANCE

A. Notice of Project Commencement (SDCL § 44-9-50)

If the general contractor has filed a Notice of Project Commencement with the Register of Deeds, special notice requirements apply to sub-subcontractors and suppliers of subcontractors.

☐ A Notice of Project Commencement was filed by the general contractor
☐ No Notice of Project Commencement was filed
☐ Unknown / Not applicable

Date of Notice of Project Commencement (if filed): [__/__/____]

B. Job Site Notice (SDCL § 44-9-51)

If a Notice of Project Commencement was filed, the general contractor must post a notice at the job site. This posting triggers the notice obligation for sub-tier claimants.

☐ Job site notice was posted by the general contractor
☐ Not applicable

C. Sub-Subcontractor and Supplier Notice (SDCL § 44-9-52)

If a Notice of Project Commencement was filed and a job site notice was posted, sub-subcontractors and suppliers of subcontractors must give written notice to the general contractor within 45 days after first furnishing labor or materials.

☐ Written notice was given to the general contractor within 45 days
☐ Not applicable (Claimant is a general contractor or subcontractor)
☐ Not applicable (No Notice of Project Commencement was filed)

Date Notice Given to General Contractor: [__/__/____]

Method of Notice: ☐ Certified mail ☐ Personal delivery ☐ Other: [____]

IX. FILING DEADLINE COMPLIANCE

A. 120-Day Filing Deadline (SDCL § 44-9-18)

A mechanics lien must be filed within 120 consecutive calendar days after the last day that labor and/or materials were furnished to fulfill the requirements of the project.

NOTE: The 120-day period is calculated in consecutive calendar days, not months. The "last day" does not typically include warranty work, replacement items, periodic testing, or service calls.

☐ This lien is being filed within the 120-day deadline

X. VERIFICATION AND ACKNOWLEDGMENT (SDCL § 44-9-17)

A. Verification by Oath

South Dakota requires the mechanics lien to be verified by the claimant in front of a notary public.

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, do hereby state under oath that:

1. I have read the foregoing Mechanics Lien Claim and know the contents thereof;
2. The statements contained herein are true to the best of my knowledge, information, and belief;
3. The amount claimed is justly due after deducting all just credits and offsets;
4. The labor, services, and/or materials described herein were actually furnished for the improvement of the above-described property;
5. All applicable notice requirements have been satisfied; and
6. This lien is filed within the time required by SDCL § 44-9-18.

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

B. Acknowledgment Before Notary

The mechanics lien must also be acknowledged before a notary public (in addition to verification).

XI. NOTARY — VERIFICATION AND ACKNOWLEDGMENT

STATE OF SOUTH DAKOTA
County of [________________________________]

Verification (Jurat)

Subscribed and sworn to before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

Acknowledgment

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me to be the person whose name is subscribed to the within instrument, and acknowledged that ☐ he ☐ she ☐ they executed the same.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

XII. PROOF OF MAILING REQUIREMENT

CRITICAL: When filing a mechanics lien in South Dakota, the claimant must serve a copy of the lien on the owner by mail and attach the post office receipt as proof of mailing for the lien to be valid.

Date Copy Mailed to Owner: [__/__/____]

Method: ☐ Certified mail, return receipt requested ☐ Registered mail

Post Office Receipt / Tracking Number: [________________________________]

☐ Post office receipt is attached to this filing as Exhibit C

XIII. FILING INSTRUCTIONS AND KEY DEADLINES

A. Where to File

File this Mechanics Lien Claim with the Register of Deeds in the county where the improved real property is located.

B. Critical Deadlines Summary

C. Required Attachments

☐ Legal description (Exhibit A, if separate)
☐ Itemized statement of account (Exhibit B, if separate)
☐ Post office receipt for mailing to owner (Exhibit C)

D. Recording Fees

Contact the [________________________________] County Register of Deeds for current recording fees.

XIV. LIEN PRIORITY

A. General Priority Rules

Under South Dakota law, mechanics liens generally:

• Have priority over liens, mortgages, or encumbrances that attach after the commencement of the improvement
• Are subordinate to liens, mortgages, and encumbrances recorded before the commencement of the improvement
• Are on equal footing with other mechanics liens on the same property

B. Relation-Back

South Dakota mechanics liens generally relate back to the date of commencement of the improvement.

XV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed (including interest and costs), the Claimant shall promptly file a release or satisfaction of lien with the Register of Deeds.

B. Bonding Off the Lien

The owner or other interested party may obtain release of the property from the lien by filing a surety bond. The bond must be:

• In an amount sufficient to cover the lien claim plus costs
• Issued by a surety authorized to do business in South Dakota
• Filed with the court or Register of Deeds as applicable

C. Lien Waivers

South Dakota recognizes both conditional and unconditional lien waivers. Use caution when signing unconditional waivers before payment is confirmed.

XVI. ENFORCEMENT

A. Enforcement Deadline (SDCL § 44-9-25)

An action to foreclose the mechanics lien must be commenced within six (6) months from the date the lien was filed. Failure to file suit within this period extinguishes the lien.

B. Court of Jurisdiction

Enforcement actions are filed in the South Dakota Circuit Court for the county in which the property is situated.

C. Lis Pendens

Upon commencement of a lien enforcement action, the claimant should file a lis pendens with the Register of Deeds.

XVII. PRACTICE NOTES

1. Dual Notarization Required. South Dakota requires both verification (jurat) AND acknowledgment before a notary. Both must be completed for the lien to be valid.

2. Post Office Receipt is Mandatory. Attach the post office receipt proving the lien was mailed to the owner. Without it, the lien may be invalid.

3. 120 Calendar Days, Not Months. South Dakota counts 120 consecutive calendar days from last furnishing, which is slightly different from counting months.

4. Itemized Statement Required. Unlike many states that accept a "general description," South Dakota requires an itemized statement of account showing individual items of labor and materials furnished.

5. Notice of Project Commencement. If the general contractor files an NPC under SDCL § 44-9-50, sub-tier claimants must give notice within 45 days of first furnishing or lose lien rights.

6. Six-Month Foreclosure Deadline. Calendar this immediately upon filing the lien.

7. Warranty Work Exception. The "last day" for calculating the 120-day deadline does not include warranty work, replacement items, periodic testing, or service calls.

SOURCES AND REFERENCES

• SDCL Chapter 44-9 — Mechanics' and Materialmen's Liens: https://sdlegislature.gov/Statutes/44-9
• South Dakota Codified Laws Title 44, Chapter 09 (Justia): https://law.justia.com/codes/south-dakota/title-44/chapter-09/
• South Dakota Mechanics Lien Guide (Levelset): https://www.levelset.com/mechanics-lien/south-dakota-lien-law-faqs/
• South Dakota State Lien Law Summary (Levy Law): https://levy-law.com/south-dakota-state-lien-law-summary/

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in South Dakota should review and customize this document before use. Filing deadlines are strictly enforced; missing a deadline may result in permanent loss of lien rights.