Notice of FurnishingSD Codified Laws §§ 44-9-1 et seq.

South Dakota Preliminary Notice Requirements

South Dakota requires you to send a "Notice of Furnishing" to protect your mechanics lien rights. Here's everything you need to know — who to send it to, when to send it, and how to deliver it.

Notice Required?

Yes

Must send to preserve lien rights

Deadline

60 days

From first furnishing

Late Notice?

No

Send on time

Notice Type

Preliminary

Understanding Preliminary Notices in South Dakota

South Dakota uses a preliminary notice system. Here's what that means in plain English: when you start working on a construction project (or deliver your first batch of materials), you need to send a document called the “Notice of Furnishing” to certain people within 60 days.

Imagine you're an electrician hired to wire a new office building in South Dakota. Your first day on the job site is March 1st. Under South Dakota law, you need to send the Notice of Furnishing by 60 days later. This notice goes to the property owner, the general contractor. Send it on time to keep your lien rights active. This is the single most important compliance step on any South Dakota project.

Who Needs to Send a Preliminary Notice in South Dakota?

This applies to nearly everyone who works on a construction project and wants to protect their payment rights. That includes general contractors, subcontractors (electricians, plumbers, roofers, etc.), material suppliers (lumber, concrete, fixtures), equipment rental companies, laborers, architects and engineers, and surveyors. The specific rules — like who you need to notify and your deadline — depend on your role. Check the table below to see exactly what applies to you.

Why Preliminary Notices Matter

The Notice of Furnishing is what keeps your lien rights active in South Dakota. It's standard paperwork — sending it on time protects your payment on every project.

Who Must Receive the Notice of Furnishing?

Who you need to notify depends on your role on the project. Here's a simple breakdown:

If You Are A...You Must Notify...
General ContractorProperty Owner
SubcontractorProperty Owner, General Contractor
Material SupplierProperty Owner, General Contractor
LaborerProperty Owner, General Contractor
Equipment Rental CompanyProperty Owner, General Contractor
Architect / Engineer / SurveyorProperty Owner, General Contractor

How to Deliver the Notice in South Dakota

Use one of the approved delivery methods below to make sure your notice is valid. South Dakota accepts these methods:

Certified Mail — You send via USPS and get a green receipt card proving the notice was delivered. This is the gold standard because it creates clear proof of delivery.

Personal Delivery — You (or someone you designate) hand-deliver the notice directly to the recipient. Make sure to get a signed acknowledgment as proof.

Statutory Notice Language

South Dakota law requires your Notice of Furnishing to include specific warning language. This isn't language you write yourself — it's exact wording specified by SD Codified Laws §§ 44-9-1 et seq.. Using the wrong language (or leaving it out) can invalidate your notice. LienGrid automatically includes the correct statutory language for South Dakota.

Owner Warning Language (excerpt from SD Codified Laws §§ 44-9-1 et seq.)

Pursuant to South Dakota Codified Laws § 44-9-16, notice is hereby given of the intention to claim and hold a lien for labor performed, or for skill, services, material, or machinery furnished for the improvement of the property described herein. The amount due and owing, the names and addresses of the claimant and the person for whom the work was performed or materials furnished, the dates when the first and last items of contribution were made, a description of the property, and an itemized st...

Official South Dakota Resources

These are official state government websites where you can look up statutes, verify contractor licenses, and search business registrations.

State Legislature

Look up South Dakota lien statutes and laws

South Dakota Legislature

Contractor Licensing

Verify licenses and check requirements

South Dakota Department of Labor and Regulation

Secretary of State

Business entity search and registration

South Dakota Secretary of State

Preliminary Notice Requirements by County in South Dakota

Select your county for specific guidance on sending preliminary notices in your area.

66 counties found

AuroraBeadleBennettBon HommeBrookingsBrownBruleBuffaloButteCampbellCharles MixClarkClayCodingtonCorsonCusterDavisonDayDeuelDeweyDouglasEdmundsFall RiverFaulkGrantGregoryHaakonHamlinHandHansonHardingHughesHutchinsonHydeJacksonJerauldJonesKingsburyLakeLawrenceLincolnLymanMarshallMcCookMcPhersonMeadeMelletteMinerMinnehahaMoodyOglala LakotaPenningtonPerkinsPotterRobertsSanbornSpinkStanleySullyToddTrippTurnerUnionWalworthYanktonZiebach

South Dakota Preliminary Notice FAQ

Common questions about preliminary notices in South Dakota, answered so anyone can understand.

A preliminary notice is a simple document you send near the beginning of a construction project to let the property owner (and sometimes the general contractor and lender) know that you're working on their property. It's NOT a threat, a lien, or a sign that something is wrong — it's a standard business practice required by law in many states. Think of it as "checking in" to say: "I'm providing labor/materials on this project, and I expect to be paid." In South Dakota, this document is officially called the "Notice of Furnishing" and is governed by SD Codified Laws §§ 44-9-1 et seq..
Yes, South Dakota requires it. If you skip this step, you could lose your right to file a mechanics lien later — which means you'd have much less legal leverage if you don't get paid. In South Dakota, the "Notice of Furnishing" must be sent within 60 days of when you first start working or delivering materials. The notice requirement exists to ensure transparency on construction projects — everyone involved should know who is providing labor and materials.
You have 60 days from the date you FIRST provide labor or materials to the project. Your "clock starts" on your very first day of work or your first delivery. For example, if you delivered lumber on March 1st, you'd need to send the Notice of Furnishing by 60 days later. Pro tip: send the notice as soon as you start a project — don't wait until the deadline is close.
In South Dakota, it's officially called the "Notice of Furnishing" (formal document title: "NOTICE OF FURNISHING LABOR OR MATERIALS"). Different states use different names for essentially the same concept — you might hear it called a "preliminary notice," "notice to owner," "notice of furnishing," or "pre-lien notice" depending on the state. The South Dakota version follows the requirements laid out in SD Codified Laws §§ 44-9-1 et seq..
It depends on your role on the project. Here's a simple breakdown: General Contractors (hired directly by the owner) must notify: the property owner. Subcontractors (hired by the GC or another sub) must notify: the property owner, the general contractor. Material Suppliers must notify: the property owner, the general contractor. Laborers follow the same rules as subcontractors and must notify: the property owner, the general contractor. Equipment rental companies follow material supplier rules and must notify: the property owner, the general contractor. Design professionals (architects, engineers, surveyors) must notify: the property owner, the general contractor. It's critical to send the notice to ALL required parties — missing even one can weaken your legal standing.
South Dakota accepts these delivery methods: Certified Mail, Personal Delivery. Most people use certified mail because it gives you a receipt proving the notice was sent AND received — this is your proof if there's ever a dispute. Keep the receipt and tracking number in your project file. Important: if you use a delivery method that isn't on the approved list, your notice could be considered legally invalid even if the recipient actually received it. Don't take shortcuts with delivery.
Yes — South Dakota requires the Notice of Furnishing to include specific warning language spelled out in SD Codified Laws §§ 44-9-1 et seq.. This isn't language you make up yourself. The state has exact wording that must appear on the notice, explaining to the property owner their rights and the potential consequences of unpaid work. Using the wrong language (or leaving it out) could make your notice invalid. This is one reason many contractors use tools like LienGrid — it automatically includes the correct statutory language for South Dakota so you don't have to worry about getting it wrong.
This is a big deal: if you skip the required Notice of Furnishing in South Dakota, you could completely lose your right to file a mechanics lien. That means if you're not paid for $50,000 worth of work, you might have no lien to fall back on. You could still pursue other legal options like breach of contract lawsuits, but those are more expensive and time-consuming than filing a lien. The preliminary notice is your insurance policy — a small upfront step that protects potentially large payments down the road. Never skip it.
South Dakota's Notice of Furnishing requirements apply to both types of projects, but there can be important differences. Residential projects (homes, condos, small apartments) often have extra protections for homeowners — for example, some states require additional disclosures or have shorter deadlines for residential work. Commercial projects (offices, retail spaces, industrial buildings) may have different thresholds or requirements. Always check SD Codified Laws §§ 44-9-1 et seq. for the specific rules that apply to your project type, or use a compliance tool like LienGrid that automatically adjusts for the project type.
Yes — LienGrid automates the entire preliminary notice process for South Dakota. Instead of manually tracking deadlines, looking up who needs to receive the notice, and making sure you use the right legal language, LienGrid does it all for you. The platform generates your Notice of Furnishing with the correct South Dakota statutory language, identifies every required recipient, tracks your 60-day deadline, and can even send the notice via Certified Mail, Personal Delivery on your behalf. It's the easiest way to stay compliant and protect your right to get paid. Try it free — no credit card required.
View South Dakota mechanics lien filing requirements

Preliminary Notice Rules in Neighboring States

Iowa →Minnesota →Montana →North Dakota →Nebraska →Wyoming →
Content reviewed by LienGrid's compliance team|Last reviewed: March 2026

This information is for general guidance only and does not constitute legal advice. South Dakota laws change frequently — always verify current requirements and consult a licensed attorney in the relevant jurisdiction before taking legal action. LienGrid makes every effort to keep this information accurate, but we cannot guarantee completeness or currency.

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