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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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