South Dakota Codified Laws
Chapter 21 - Performance Bonds For Public Improvement Contracts
Section 5-21-1 - Surety bond required--Obligation of prompt payment of laborers and materialmen.

5-21-1. Surety bond required--Obligation of prompt payment of laborers and materialmen.
Except as provided in §31-12-15, when any contract is entered into for the construction of public improvement or the furnishing of any material or labor therefor, the contractor is required, before commencing such work, to furnish surety in an amount not less than the contract price, for the faithful performance of the contract, with the additional obligation that the contractor shall promptly pay all persons supplying him with labor or material in the prosecution of the work provided for in the contract.

Source: SL 1907, ch 138, §1; SL 1909, ch 245, §1; RC 1919, §8215; SDC 1939, §65.0702; SL 1939, ch 300, §7; SL 1987, ch 60, §1.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 5 - Public Property, Purchases and Contracts

Chapter 21 - Performance Bonds For Public Improvement Contracts

Section 5-21-1 - Surety bond required--Obligation of prompt payment of laborers and materialmen.

Section 5-21-1.1 - Waiver of performance security requirement on contracts under certain amount.

Section 5-21-1.3 - Waiver of performance security requirement for emergency procurement.

Section 5-21-2 - Public corporation's civil liability for failure to require bond for protection of laborers and materialmen.

Section 5-21-3 - Surety bond to cover use tax liability--Amount of liability.

Section 5-21-4 - Notice of surety bond to secretary of revenue--Termination of surety's liability for use and excise tax.

Section 5-21-5 - Laborers' and materialmen's right to intervene in action against public contractor--Pro rata distribution if surety's liability insufficient.