Title 5 — PUBLIC PROPERTY, PURCHASES AND CONTRACTS
34 chapters · 628 sections in this title.
SDCL § 5-22-1 Mechanics' and materialmen's lien on amounts due under contract
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Any person who shall furnish skill, labor, materials, machinery, or supplies, services, or equipment, in connection with the carrying on of any work of construction, alteration, or repair of any public improvement work of the State of South Dakota, or any of its political subdivi…
SDCL § 5-22-10 Filing and publication of notice to file claims against subcontractors
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The contractor shall file such notice with the governing board of the public body in charge of the improvement, and such board shall thereupon by resolution designate a newspaper or newspapers in the vicinity of the work or improvement in which publication of said notice shall be…
SDCL § 5-22-11 Claims and liens against contractor and public body barred by failure to file--Rights against subcontractor preserved
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All claims for any items under the provisions of this chapter furnished by any subcontractor or by any person to any subcontractor for making said improvement which are not filed in accordance with the provisions of said notice within one hundred twenty days from the first public…
SDCL § 5-22-12 Right of action not lost by loss of lien
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Nothing in the statutes relating to such liens on public funds unless limited as hereinbefore provided shall impair or affect the right of any person to whom any sum may be due for work, skill, services, materials, power, machinery, or supplies furnished to any contractor for any…
SDCL § 5-22-2 Filing with public officer of account of claim--Effect of late filing--Agreed statement as equivalent of account
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Every person wishing to avail himself of the provisions of the statutes providing liens on proceeds of public improvement contracts shall, within twenty days after any item claimed by him shall have been furnished or any work done by him shall have been performed, file with the o…
SDCL § 5-22-3 Endorsement and report of accounts filed with public officer--Time of attachment of lien--Receipt or certified copy given
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The officer of the public body with whom the account is filed shall endorse upon every account so filed, the date of the filing and report the same to the next meeting of the governing board of such public body. All liens so claimed shall attach from the time of such filing. The …
SDCL § 5-22-4 Actions to enforce or determine lien--Parties to action--Assertion of lien by answer
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Any person having such lien may bring an action to enforce the same in the circuit court for the county where the work or improvement or any part thereof shall be situated. Actions may likewise be commenced to determine such lien by the public body or the contractor. The plaintif…
SDCL § 5-22-5 Judicial determination of validity of liens and order of payment
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The court shall determine the validity of all liens filed, the amount due upon each, the amount due to the contractor, and if the amount due to the contractor be sufficient, shall order the public body to pay the amounts of all liens adjudged valid to the persons entitled to the …
SDCL § 5-22-6 Pro rata distribution if contract proceeds insufficient--Deficiency judgment against contractor--Restriction on public liability
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If the amount due the contractor shall not be sufficient to pay all liens in full, the court shall order and direct the payment of the same, after deducting the costs of the action, to the persons whose liens are adjudged valid, ratably in proportion to the amounts of their sever…
SDCL § 5-22-7 Limitation of actions to enforce lien
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All claims to liens under this chapter relating to public improvement contracts shall cease to have any validity or to be binding upon the public body or the contractor under the provisions of this chapter unless an action to enforce the same as hereinbefore provided shall be com…
SDCL § 5-22-8 Discharge of lien
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Any such lien may be discharged: (1) By filing with the officer with whom the liens shall be filed a certificate of satisfaction of the claimant or his successor in interest duly acknowledged; (2) By lapse of the time within which an action to enforce the same may be commenced wi…
SDCL § 5-22-9 Notice by public contractor to file claims against subcontractors--Contents of notice
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At any time after the completion of any work or improvement for any public body the contractor may issue notice as hereinafter provided, specifically stating that the improvement has been completed and requiring that all subcontractors or persons who furnished any items of labor,…