WHO MAY CLAIM One who at owner, agent, contractor, or subcontractors’ request furnishes skill, labor, services, or materials for the erection, alteration, repair, or removal of any building upon land. Appears to include design professionals such as architects and engineers. Wefel v. Harold J. Westin and Associates, Inc., 329 N.W.2d 624, 626 (S.D.,1983) (finding engineers’ work on humidifier connection plans was lienable). SD CODIFIED L § 44-9-1 DEADLINE TO PERFECT Statement of lien must be filed by 120 days after last work or furnishing last material. SD CODIFIED L § 44-9-15 BROKEN PRIORITY Lien date shall relate back to the first item or labor is furnished upon premise by the lien claimant, specifically, and shall have priority over any mortgage/encumbrance not of record that lien claimant did not have actual notice of. NOTE: Bona fide purchasers, mortgagees, and encumbrancers: As against these parties, lien attachment relates back to actual and visible commencement of work. SD CODIFIED L § 44-9-8 No apparent exceptions. SD CODIFIED L § 44-9-7 DURATION OF LIEN Lien must be enforced within 6 years after the date of last work performed or material furnished of lienholder’s claim as set forth in filed lien. SD CODIFIED L § 44-9-24 CONTENTS OF LIEN (1) Statement verified by other of one who has knowledge of facts; (2) notice of intention to claim and hold lien; (3) amount of same; (4) statement that amount is due and owing for work or materials; (5) what improvement work or materials furnished for; (6) names and address of claimant and person for whom work or materials provided; (7) date of first and last work or material provided; (8) description of property sufficient to identify; (9) name and address of owner at time of statement; and (10) itemized statement of account upon which lien is claimed. Substantial compliance required. Must be such that would successfully notify an ordinarily intelligent and careful individual regarding extent of risk or encumbrance. Ringgenberg v. Wilmsmeyer, 253 N.W.2d 197, 202 (S.D. 1977) SD CODIFIED L § 44-9-16 SOUTH DAKOTA SOUTH DAKOTA – 544 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. NATIONAL COMMERCIAL SERVICES BY STATE MECHANIC’S LIEN
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