South Dakota § 5-18A-43 Terms prohibited in construction contracts.

South Dakota Statutes

§ 5-18A-43 — Terms prohibited in construction contracts.

South Dakota § 5-18A-43

Title 5PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Ch. 5-18PUBLIC AGENCY PROCUREMENT--GENERAL PROVISIONS

This text of South Dakota § 5-18A-43 (Terms prohibited in construction contracts.) 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 § 5-18A-43 (2026).

Text

Subject to the provisions of § 5-18A-45 , no governmental unit awarding a contract after July 1, 2014, for the construction, repair, remodel, or demolition of a facility and no construction manager acting on behalf of the governmental unit may include any of the following in a bid specification, project agreement, or other controlling document:

(1)A term that requires or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to that project or a related construction project; or (2) A term that otherwise discriminates against a bidder, offeror, contractor, or subcontractor for becoming, remaining, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an

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Subject to the provisions of § 5-18A-45 , no governmental unit awarding a contract after July 1, 2014, for the construction, repair, remodel, or demolition of a facility and no construction manager acting on behalf of the governmental unit may include any of the following in a bid specification, project agreement, or other controlling document: (1) A term that requires or prohibits a bidder, offeror, contractor, or subcontractor from entering into or adhering to an agreement with one or more labor organizations in regard to that project or a related construction project; or (2) A term that otherwise discriminates against a bidder, offeror, contractor, or subcontractor for becoming, remaining, or refusing to become or remain a signatory to, or for adhering or refusing to adhere to, an agreement with one or more labor organizations in regard to that project or a related construction project.