South Dakota Codified Laws
Chapter 22 - Liens Relating To Public Improvement Contracts
Section 5-22-1 - Mechanics' and materialmen's lien on amounts due under contract.

5-22-1. Mechanics' and materialmen's lien on amounts due under contract.
Any person who shall furnish skill, labor, materials, machinery, or supplies, services, or equipment, in connection with the carrying on of any work of construction, alteration, or repair of any public improvement work of the State of South Dakota, or any of its political subdivisions including counties, townships, municipalities, school districts, drainage districts, and any departments, bureaus, agencies, or commissions thereof to any person who shall have made any contract or subcontract therefor, shall have a lien for the same upon all moneys in the control of such public body due or to become due under such contract.

Source: SL 1895, ch 133, §§1, 9; RCCivP 1903, §§713, 721; RC 1919, §§1660, 1668; SL 1925, ch 221; SL 1929, ch 213; SDC 1939, §39.0901.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 5 - Public Property, Purchases and Contracts

Chapter 22 - Liens Relating To Public Improvement Contracts

Section 5-22-1 - Mechanics' and materialmen's lien on amounts due under contract.

Section 5-22-2 - Filing with public officer of account of claim--Effect of late filing--Agreed statement as equivalent of account.

Section 5-22-3 - Endorsement and report of accounts filed with public officer--Time of attachment of lien--Receipt or certified copy given.

Section 5-22-4 - Actions to enforce or determine lien--Parties to action--Assertion of lien by answer.

Section 5-22-5 - Judicial determination of validity of liens and order of payment.

Section 5-22-6 - Pro rata distribution if contract proceeds insufficient--Deficiency judgment against contractor--Restriction on public liability.

Section 5-22-7 - Limitation of actions to enforce lien.