44-9A-4. Endorsement of joint check and execution of agreement as express waiver.
The endorsement of a joint check as provided herein and the execution of a separate written agreement of waiver by a person or corporation furnishing materials, supplies, equipment, and services to an owner, contractor, or a subcontractor shall constitute an express waiver of all rights and claims under Title 5 and Title 44 of the South Dakota Codified Laws and the common law of this state against the owner or contractor and his surety to the extent of, and as of the date of, the joint check endorsed.
Source: SL 1971, ch 250, ยง4.
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.