South Dakota
Bond or Lien Claim-Public Works

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of South Dakota, Public Works.

Time Constraints: If you have not been paid in full, you must serve your Notice of Claim on Bond and Lien for Public Improvement, within 120 days, inclusive, of the completion, or cessation, of your work of improvement or supplying of material or services. Serve a copy of said notice by certified mail or personal service on the public entities and, if they exist, the general contractors and sureties. This will establish you right to sue to recover from the bond.

Further, notice of your intention to bring suit against the public entity or surety must be given to all known creditors of the job, and in addition a notice of your intent to sue must be published in a newspaper of general circulation within the county where the contract for the public improvement was performed for at least three successive weeks, the last publication to be at least three months before the time limited for suit.

Perfection: Lien Claim: If no suit is brought by the public entity for recovery on the bond after six months, but within one year, of the completion and final settlement of the contract, any contractor or supplier may bring suit to recover monies due them. Do not sue before the six month waiting period or exceed the one year period - your claim will be barred.

Payment Bond: Where a Payment Bond has been provided by a surety file suit against the surety within the time frame required by the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for Public Improvement and Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien for Public Improvement immediately on the public entities, general contractors and sureties, if known.

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