Pre-lien Notice / Notice to Owner - Preparation Worksheet - South Dakota

SOUTH DAKOTA MECHANICS' LIEN NOTICE WORKSHEET

Notice of Furnishing / Sworn Account and Notice to Owner

NOTICE MAP — USE THE CORRECT WORKFLOW

1. Notice of Furnishing — SDCL § 44-9-53

This notice applies to a sub-subcontractor or supplier to a subcontractor seeking to extend a lien under § 44-9-15 when the project-commencement system applies. Mail it by certified or registered mail to the contractor identified in the Notice of Project Commencement and provide a copy to the owner of record. The deadline is no later than 60 days after the claimant's last work or last furnishing—not after first furnishing. Section 44-9-53 exempts an individual laborer's claim below $2,000. Use Form A.

2. Sworn account and notice to owner — SDCL § 44-9-10

This is a separate owner-withholding procedure. A person furnishing items covered by the chapter may serve the owner at any time with a sworn account and notice showing the items, amounts, and furnishing dates. The owner then must withhold from the contractor enough of the contract price to meet claims supported by those accounts and notices. Use Form B.

3. Notice of Project Commencement — SDCL §§ 44-9-50 to 44-9-52

An owner or a person entering a direct agreement with the owner may file this notice with the county register of deeds. If used, file it within 30 days after commencement of work and complete § 44-9-51's jobsite posting. The filing is not itself a cloud, lien, encumbrance, or title defect.

I. DOCUMENT HEADER

1.1 Title.
Pre-Lien Notice / Notice to Owner (the “Notice”).

1.2 Claimant.
[CLAIMANT LEGAL NAME], a [STATE] [ENTITY TYPE] with principal address at [ADDRESS] (“Claimant”).

1.3 Owner.
[OWNER LEGAL NAME], of [ADDRESS] (“Owner”).

1.4 General Contractor (if any).
[GC LEGAL NAME], of [ADDRESS] (“General Contractor”).

1.5 Project / Property.
The improvement commonly known as “[PROJECT NAME]” located at [SITE ADDRESS], legally described in Exhibit A (the “Property”).

1.6 Effective Date & Governing Law.
This Notice is effective as of [DATE] (the “Effective Date”) and is governed by South Dakota lien law, S.D. Codified Laws ch. 44-9 (“SD Lien Law”).

II. APPLICABILITY CHECK

☐ Claimant is a sub-subcontractor

☐ Claimant is a supplier to a subcontractor

☐ Claimant is an individual laborer with a claim below $2,000 — analyze § 44-9-53 exemption

☐ Effective § 44-9-50 Notice of Project Commencement found

☐ § 44-9-51 contractor name/address and location notice posted at jobsite

☐ Claimant wants to use the separate § 44-9-10 owner-withholding procedure

First furnishing date: _________________________________

Last furnishing date: __________________________________

Sixty-day deadline after last furnishing: _______________

FORM A — NOTICE OF FURNISHING LABOR OR MATERIALS

SDCL § 44-9-53

To contractor identified in Notice of Project Commencement: [NAME]

Contractor address: [ADDRESS]

Copy to owner of record: [OWNER NAME AND ADDRESS]

1. Sub-subcontractor or supplier claiming payment:

Name: ______________________________________________

Address: ____________________________________________

2. Person with whom claimant contracted or by whom claimant was employed:

Name: ______________________________________________

Address: ____________________________________________

3. Labor, services, or materials furnished and contract price or value:

Description: ________________________________________

Contract price / value: $____________________________

Materials specifically fabricated by another person, stated separately: ______________________________________

Separate price / value: $____________________________

4. Project description sufficient for identification:

_____________________________________________________

5. First and last actual or scheduled furnishing dates:

First: ______________________________________________

Last: _______________________________________________

6. Amount claimed due, if any: $_____________________

Claimant: _____________________________________________

By / title: ___________________________________________

Date: _________________________________________________

FORM A MAILING RECORD

Contractor: ☐ Certified mail ☐ Registered mail

Date mailed / tracking: _________________________________

Copy to owner of record provided: ☐ Yes ☐ No

Method / date / proof: __________________________________

FORM B — SWORN ACCOUNT AND NOTICE OF CLAIM TO OWNER

SDCL § 44-9-10

To owner: [OWNER NAME AND ADDRESS]

Contractor: [CONTRACTOR NAME]

Project / property: [DESCRIPTION AND LOCATION]

The undersigned serves this sworn account and notice of claim for the following items furnished for the improvement:

Total furnished: $__________________________________

Credits / payments: $_______________________________

Amount claimed: $___________________________________

This sworn account and notice is served under SDCL § 44-9-10 so that the owner withholds from the contractor enough of the contract price to meet claims supported by served accounts and notices.

Claimant: _____________________________________________

By / title: ___________________________________________

VERIFICATION

State of ____________________

County of __________________

The signer, being duly sworn, states that the foregoing account and notice is true and correct to the signer's knowledge.

Signature: ____________________________________________

Subscribed and sworn before me on ______________________.

Notary Public: ________________________________________

Commission expiration: ________________________________

FORM B SERVICE RECORD

Date served on owner: __________________________________

Method / address / proof: _______________________________

LIEN-EXTENSION CALENDAR

Under § 44-9-15, the lien generally ceases at the end of 120 days after the claimant's last work or furnishing unless the lien is extended by filing the statutory statement before that period ends. The § 44-9-53 Notice of Furnishing is a separate prerequisite for a covered sub-subcontractor or supplier to use that extension.

Sources and References

• SDCL Chapter 44-9 index: https://sdlegislature.gov/Statutes/44-9
• SDCL § 44-9-10: https://sdlegislature.gov/Statutes/44-9-10
• SDCL § 44-9-15: https://sdlegislature.gov/Statutes/44-9-15
• SDCL § 44-9-50: https://sdlegislature.gov/Statutes/44-9-50
• SDCL § 44-9-51: https://sdlegislature.gov/Statutes/44-9-51
• SDCL § 44-9-52: https://sdlegislature.gov/Statutes/44-9-52
• SDCL § 44-9-53: https://sdlegislature.gov/Statutes/44-9-53