Filing deadline

Lien Statement filed with the Register of Deeds of the county holding the property (Secretary of State for railway/utility-line work) within 120 consecutive calendar days (deliberately not 'four months') of the claimant's last labor or materials meeting the contract requirements - replacement items, periodic testing and service calls do not count. An owner's demand for an itemized verified lien account (available within 15 days after contract completion) pauses enforcement until 10 days after the account is furnished.

Notice prerequisites

No universal pre-work notice. But if the prime contractor recorded a Notice of Project Commencement within 30 days of starting work and posted a Location Notice at the site, then sub-subcontractors and suppliers-to-subcontractors must send a Notice of Furnishing Labor or Materials by certified/registered mail to the identified contractor (copy to the record owner) no later than 60 days after their last furnishing, attaching the mailing receipt to the eventual lien - otherwise they have no lien. A claimant may also record a Notice of Lien for Improvements/Notice of Contract before visible work begins to beat a later mortgage.

Service on the owner

No requirement to serve the recorded Lien Statement on the owner is described; the lien takes effect on recording. The sub-sub/supplier 60-day mailed notice described above is the main service obligation.

Enforcement

Suit in the circuit court of the property's county 'perfects' the lien and must be brought within 6 years of the last item in the lien statement - unusually long. But an owner's written Notice to Commence Suit shortens it to 30 days, on pain of forfeiture (the register of deeds cancels the lien on the owner's affidavit filed from day 40). No lis pendens requirement mentioned.

SDCL ch. 44-9 (esp. sec. 44-9-1, -6, -7, -8, -13, -14, -15, -23 to -26, -50 to -53); ch. 44-9A (waivers); SDCL 5-22 (public work)