South Dakota mechanic's liens

Who and what this applies to

Persons furnishing labor, skill, services, equipment or materials for improvements at an owner's or contractor's request. This summary addresses ordinary building/improvement liens under section 44-9-1(1).

Thresholds and scope

Conditional extra notice applies to sub-subcontractors and suppliers to subcontractors when the statutory notice-of-commencement and posting procedures were invoked.

The rules

• File a verified lien statement with the county register of deeds within 120 days after the claimant's last work or furnishing. Before filing, mail a copy to the owner by registered or certified mail and attach the mailing receipt. Source
• If sections 44-9-50 and 44-9-51 were invoked, a sub-subcontractor or supplier to a subcontractor must give the section 44-9-53 notice within 60 days after its last furnishing to extend its lien. Send it to the identified contractor and copy the owner. Individual laborer claims below $2,000 are excepted. Source
• Generally assert the lien by complaint or answer within six years after the last item stated in the recorded claim. A served written demand to commence suit shortens the deadline to 30 days. Source

Deadlines

Recording: 120 days from last furnishing; conditional lower-tier notice: 60 days; enforcement: six years, or 30 days after statutory demand.

Primary sources

• 44-9.html?all=true

Sources reviewed 2026-09-30. This guide covers the projects and rules stated above.

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