South Dakota Codified Laws
Chapter 21 - Performance Bonds For Public Improvement Contracts
Section 5-21-8 - Personal and public notice to creditors of action on public contractor's bond.

5-21-8. Personal and public notice to creditors of action on public contractor's bond.
In all suits instituted under the provisions of §§5-21-5 and 5-21-6, personal notice of the pendency of such suit, informing them of their right to intervene, as the court may order, shall be given to all known creditors, and in addition thereto notice shall be given by publication in some newspaper of general circulation, published in the county where the contract is being performed once each week for at least two successive weeks with the first publication to be made at least three months before the time limited therefor.

Source: SL 1907, ch 138, §2; RC 1919, §8216; SDC 1939, §65.0703; SL 1939, ch 300, §8; SL 1972, ch 33, §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.