South Dakota § 5-22-11 Claims and liens against contractor and public body barred by failure to file--Rights against subcontractor preserved.

South Dakota Statutes

§ 5-22-11 — Claims and liens against contractor and public body barred by failure to file--Rights against subcontractor preserved.

South Dakota § 5-22-11

Title 5PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Ch. 5-22LIENS RELATING TO PUBLIC IMPROVEMENT CONTRACTS

This text of South Dakota § 5-22-11 (Claims and liens against contractor and public body barred by failure to file--Rights against subcontractor preserved.) 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 § 5-22-11 (2026).

Text

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 publication thereof shall be barred as a lien or claim against the public body and contractor, and no action on any claim so barred shall be maintained nor any right of setoff or counterclaim thereon enforced in any court in this state against the public body or the contractor nor against the surety or bonding company for either, but nothing in this statute shall in any manner bar the right of any person who has furnished any lienable items to any subcontractor to collect for the same from the said subcontractor.

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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 publication thereof shall be barred as a lien or claim against the public body and contractor, and no action on any claim so barred shall be maintained nor any right of setoff or counterclaim thereon enforced in any court in this state against the public body or the contractor nor against the surety or bonding company for either, but nothing in this statute shall in any manner bar the right of any person who has furnished any lienable items to any subcontractor to collect for the same from the said subcontractor.