Does South Dakota law require any notice or filing prior to the performance of the work?
South Dakota law does not require any notice or filing prior to the performance of the work by the prime contractor or subcontractor. However, South Dakota statutes do provide a mechanism for prime contractors to file a Notice of Project Commencement, which, if properly filed, protects them from liens filed, via subrogation, by sub-subcontractors and suppliers. All parties should thoroughly understand their specific rights and obligations as set out in the statutes in order to protect their lien rights.
