Title 44 — LIENS
16 chapters · 214 sections in this title.
SDCL § 44-9A-1 Liens subject to waiver under chapter
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Liens for materials, supplies, equipment, and services furnished under construction contracts to contractors or subcontractors and arising under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be expressly waived as provided …
SDCL § 44-9A-2 Joint check and separate agreement of waiver required
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Any lien to which a person or corporation furnishing materials, supplies, equipment, and services to a contractor or subcontractor would otherwise be entitled under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be waived to…
SDCL § 44-9A-3 Provisions to be entered on reverse of joint check for waiver
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A joint check as used for the purposes provided in this chapter must have a provision on the reverse side thereof making reference to a separate written agreement of waiver between the maker and the person or corporation furnishing materials, supplies, equipment, or services to t…
SDCL § 44-9A-4 Endorsement of joint check and execution of agreement as express waiver
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The endorsement of a joint check as provided herein and the execution of a separate written agreement of waiver by a person or corporation furnishing materials, supplies, equipment, and services to an owner, contractor, or a subcontractor shall constitute an express waiver of all…
SDCL § 44-9A-5 Release of joint check proceeds at peril of supplier
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It shall be of no consequence under this chapter if the payment or any part thereof in such joint check is released to the contractor or subcontractor by another payee. Release of such funds is at the peril of the person or corporation furnishing materials, supplies, equipment, a…