There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 44-9-53 — Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption.
44-9-53. Notice of furnishing labor or materials required before lien extended--Notice recipients--Time for filing--Contents of notice--Exemption. If the provisions of §§ 44-9-50 and 44-9- 51 are first invoked, no sub-subcontractor or supplier to subcontractors is entitled to extend, pursuant to § 44-9-15, a lien created pursuant to subdivision 44-9-1(1), unless the sub-subcontractor or supplier has first provided notice of furnishing labor or materials by certified or registered mail to the contractor identified in the notice of project commencement and has provided a copy of the notice to the owner of record. Notice pursuant to this section shall be made not later than sixty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, and the post office receipt for mailing such notice shall be attached to the lien and filed in the office of register of deeds. Such notice of furnishing labor or materials shall include:
(1) The name of the sub-subcontractor or
supplier who claims payment;
(2) The name of the person with whom the
claimant contracted or by whom the claimant was
employed;
(3) A description of the labor, services,
or materials furnished and the contract price or value thereof.
Materials specifically fabricated by a person other than the one
giving notice and contract price or value thereof shall be
separately stated in the notice;
(4) A description of the project,
sufficient for identification;
(5) The date when the first and last item
of labor or materials was actually furnished or scheduled to be
furnished; and
(6) The amount claimed to be due, if
any.
Any person
who gives notice in accordance with this section may extend a lien
as provided in § 44-9-15.
This section
does not apply to claims of individual laborers when the amount of
their lien is less than two thousand dollars.
Source: SL 1999, ch 217, § 4.
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