South Dakota Mechanic Lien Filing Deadlines

All Claimants — 120-Day Filing Deadline

Under S.D. Codified Laws §44-9-1 et seq., all claimants — including general contractors, subcontractors, and material suppliers — must file their mechanic lien within 120 days from the date of last furnishing labor or materials to the project.

The 120-day deadline applies uniformly to all tiers of claimants. This provides a reasonable window for claimants to prepare and file their mechanic lien documentation after the final delivery of labor or materials.

Mechanic Lien Claim Content Requirements

The mechanic lien claim must include the amount due, a description of the property, the name of the property owner, a description of the labor or materials furnished, and the dates of first and last furnishing.

The mechanic lien must be filed in the office of the register of deeds in the county where the property is located. Accuracy in all details is critical to the validity of the mechanic lien.

Determining the Last Furnishing Date

The 120-day clock begins running from the last date on which labor or materials were actually furnished to the project. Warranty work, punch list items, or minor corrective work generally do not extend the last furnishing date.

Detailed records of all work performed and materials delivered, including specific dates, should be maintained to establish the last furnishing date with certainty.

Prerequisite: Preliminary Notice for Subs/Suppliers

Subcontractors and suppliers must have served their preliminary notice to the owner within 60 days of first furnishing as a prerequisite to filing a valid mechanic lien. The mechanic lien filing deadline compliance does not cure a failure to serve the required preliminary notice.