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Lien waivers by state · South Dakota

South Dakota lien waiver requirements

South Dakota is a non-statutory state

South Dakota does not prescribe a mandatory statutory lien-waiver form or specific waiver language, so waivers may generally be freely worded. State law does, however, contain a notable provision allowing lien rights to be waived through an endorsed joint-payee check that references a separate written waiver agreement. Waivers do not need to be notarized to be effective.

Statute: S.D. Codified Laws ch. 44-9A (Construction Lien Waiver Agreements), esp. SDCL 44-9A-2; mechanics liens generally under SDCL ch. 44-9

South Dakota lien waiver forms

The four standard waiver-and-release types and South Dakota’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: South Dakota lien waivers do not need to be notarized to be effective; notarization may be done only if a party requests it.
Mandatory statutory language: South Dakota does not mandate specific waiver form language. Note: state law does set conspicuous-notice content requirements for the special joint-check waiver method (the joint check must reference a separate written waiver agreement and state that the payees jointly and severally waive their claims), but this is not a general required waiver form.
Electronic signatures accepted

Key South Dakota deadlines

Preliminary / pre-lien notice: Not required for general contractors or first-tier subcontractors. A sub-subcontractor or supplier to a subcontractor must provide notice (Notice of Furnishing) within 60 days of last furnishing labor/materials, but only if the owner/GC has filed a Notice of Project Commencement.
Notice of intent to lien: No separate notice of intent to lien is required before filing. However, a copy of the recorded lien statement must be served on the property owner (by certified/registered mail) in connection with filing.
Mechanics lien filing deadline: Within 120 days after last furnishing labor or materials (S.D. Codified Laws § 44-9-15).

South Dakota lien waiver FAQ

Does South Dakota require a specific lien waiver form?

No. South Dakota does not provide or require a specific or statutory lien waiver form, and it does not prescribe mandatory waiver language, so waivers may generally be freely worded.

Do lien waivers need to be notarized in South Dakota?

No. Lien waivers do not need to be notarized to be valid in South Dakota; notarization is optional and only done if a party requests it.

Can lien waivers be signed electronically in South Dakota?

Yes. South Dakota has adopted the Uniform Electronic Transactions Act, so electronic signatures are legally valid and lien waivers can generally be signed electronically.

What is the deadline to file a mechanics lien in South Dakota?

Within 120 days after the date you last furnished labor or materials to the project (S.D. Codified Laws § 44-9-15).