Skip to content
State files updated Oct 27, 2026
Look up a contractor
MenuClose

Home / Lien law / South Dakota

South Dakota mechanics lienNotice of furnishing and deadlines

The notice of furnishing is due 60 days after your last work or delivery1. The lien deadline is 120 days after your last work or delivery2; the deadline to sue is 6 years after the last item of the claim3.

Your South Dakota lien deadlines

Enter your dates. Calendar days unless a line says otherwise.

    Deadlines that fall on a weekend or holiday may move; the statute linked on each line controls.

    South Dakota lien timeline

    1. First day of work
    2. your workany lengthLast day of work
    3. 60 daysafter last workNotice of furnishing (sub-subcontractors and suppliers)1
    4. 120 daysafter last workFile the lien statement2
    5. 6 yearsafter last workSue to enforce3
    Calendar days unless noted. The first rule listed for each step; the calculator applies the others.

    How many days do you have to file a mechanics lien in South Dakota?

    The lien ends 120 days after the last work or delivery unless a verified lien statement is filed with the register of deeds of the county where the property sits. Before filing, the claimant must mail a copy of the statement to the owner by registered or certified mail and attach the mailing receipt to the filing.2 SDCL 44-9-15; 44-9-16; 44-9-17

    When is the South Dakota notice of furnishing due?

    If the owner or the prime contractor has filed a notice of project commencement with the county register of deeds (within 30 days of starting work), sub-subcontractors and suppliers to subcontractors must send written notice of furnishing labor or materials by certified or registered mail to the contractor, with a copy to the owner, within sixty days after their last work or delivery, and attach the post office receipt to the lien. Anyone supplying under a contract with the contractor may also serve a sworn account and notice of claim on the owner at any time, which makes the owner withhold that amount from the contractor.1 SDCL 44-9-50; 44-9-53; 44-9-10

    How long is a mechanics lien good for in South Dakota?

    The lienholder must assert the lien by complaint or answer in court within six years after the date of the last item of the claim shown on the filed lien statement. After six years without a suit, the owner can file an affidavit to have the lien cancelled.3 SDCL 44-9-24

    Who can file a mechanics lien in South Dakota?

    Anyone who, at the request of the owner or a contractor or subcontractor, supplies skill, labor, services, equipment or materials to improve property has a lien on the improvement and the land it sits on, ahead of later liens and of mortgages not yet recorded.4 SDCL 44-9-1

    Does a South Dakota lien claim have to be notarized?

    The lien statement must be verified by the oath of a person who has knowledge of the facts and must include the amount, a description of the work, names and addresses, first and last dates, a property description and an itemized account.5 SDCL 44-9-16

    What about public jobs in South Dakota?

    For a public improvement, the contractor must furnish a surety bond for at least the contract price, which also guarantees prompt payment of everyone supplying labor or material. A claimant may sue on the bond only after six months from final settlement of the contract and must sue within one year after that.6 SDCL 5-21-1; 5-21-6

    How do you file a mechanics lien in South Dakota?

    1. Notice of furnishing (sub-subcontractors and suppliers): due 60 days after your last work or delivery. SDCL 44-9-50; 44-9-53; 44-9-10 Only when a notice of project commencement was filed; send it to the contractor with a copy to the owner.
    2. File the lien statement: due 120 days after your last work or delivery. SDCL 44-9-15; 44-9-16; 44-9-17 Mail a copy to the owner before filing.
    3. Sue to enforce: due 6 years after the last item of the claim. SDCL 44-9-24

    Each line restates the statute cited next to it. Check the statute text before you file.

    Sources

    1. SDCL 44-9-50; 44-9-53; 44-9-10 (sdlegislature.gov, 2026-10-27)
    2. SDCL 44-9-15; 44-9-16; 44-9-17 (sdlegislature.gov, 2026-10-27)
    3. SDCL 44-9-24 (sdlegislature.gov, 2026-10-27)
    4. SDCL 44-9-1 (sdlegislature.gov, 2026-10-27)
    5. SDCL 44-9-16 (sdlegislature.gov, 2026-10-27)
    6. SDCL 5-21-1; 5-21-6 (sdlegislature.gov, 2026-10-27)