44-9A-3. Provisions to be entered on reverse of joint check for waiver.
A joint check as used for the purposes provided in this chapter must have a provision on the reverse side thereof making reference to a separate written agreement of waiver between the maker and the person or corporation furnishing materials, supplies, equipment, or services to the contractor or subcontractor. Such provision must be conspicuous and mention that the payees, by their endorsements and in consideration of the payment represented by the joint check, jointly and severally waive all claims to which they might be entitled under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of South Dakota for all materials, supplies, equipment, and services supplied under a clearly identified contract to the extent of and of the date of the joint check.
Source: SL 1971, ch 250, ยง3.
Structure South Dakota Codified Laws
Chapter 09A - Construction Lien Waiver Agreements
Section 44-9A-1 - Liens subject to waiver under chapter.
Section 44-9A-2 - Joint check and separate agreement of waiver required.
Section 44-9A-3 - Provisions to be entered on reverse of joint check for waiver.
Section 44-9A-4 - Endorsement of joint check and execution of agreement as express waiver.
Section 44-9A-5 - Release of joint check proceeds at peril of supplier.