South Dakota § 21-1-15 Definitions.

South Dakota Statutes

§ 21-1-15 — Definitions.

South Dakota § 21-1-15

Title 21JUDICIAL REMEDIES

Ch. 21-1ACTIONS FOR DAMAGES GENERALLY

This text of South Dakota § 21-1-15 (Definitions.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-1-15 (2026).

Text

Terms used in this section and § 21-1-16 mean:

(1)"Action," any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect;

(2)"Construction defect," a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:

(a)Defective materials, products, or components used in the construction or remodeling of a residence;

(b)Violation of the applicable building, plumbing, or electrical codes in e

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Terms used in this section and § 21-1-16 mean: (1) "Action," any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect; (2) "Construction defect," a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following: (a) Defective materials, products, or components used in the construction or remodeling of a residence; (b) Violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence; or (c) Failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards; (3) "Construction professional," a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, partnership, corporation, or other business entity; (4) "Home owner," any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence. The term includes a subsequent purchaser of a residence from any home owner; (5) "Residence," a single-family house or a unit in a multi-unit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system; (6) "Serve" or "service," personal delivery or delivery by certified mail to the last known address of the addressee.