5-26-5. Disputed payments exempt--Notice of dispute required.
No interest accrues under this chapter if an agency's failure to timely pay interest required by §5-26-3 is the result of a dispute between the agency and the business over the amount due or over compliance with the contract. In case of dispute, the agency shall, within thirty days of receipt of property or services and receipt of invoice, give written notice to the business of disagreement with property or services. The notice shall include the reasons for and other pertinent details of the dispute and a copy of the notice shall be kept on file with the agency.
Source: SL 1984, ch 41, §5; SL 1985, ch 45, §6; SL 1988, ch 59, §4; SL 2018, ch 47, §2.
Structure South Dakota Codified Laws
Title 5 - Public Property, Purchases and Contracts
Chapter 26 - Prompt Payment Act
Section 5-26-2 - Deadlines for payments.
Section 5-26-3 - Interest on overdue payments--Rate.
Section 5-26-3.1 - Payment of less than five dollars in interest prohibited.
Section 5-26-4 - Additional appropriations for interest prohibited.
Section 5-26-5 - Disputed payments exempt--Notice of dispute required.
Section 5-26-7 - Citation of chapter.
Section 5-26-8 - Exemptions of transactions between government agencies.