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South Dakota Lien Account by Corporation

South Dakota Lien Account by Corporation

Category:

Liens - Construction - Mechanics

State:

South Dakota

Control #:

SD-06A-09

Format:

Instant download

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What is this form?

The Lien Account by Corporation form is a legal document that enables a corporation to provide an itemized and verified account of its lien claim. This form is essential for businesses that have supplied labor or materials on a property improvement project, allowing them to formally state their claim before taking legal action. It is distinct from other lien documents, as it requires a response to a written request from the property owner within a specified timeframe.

What’s included in this form

Identification of the lien claimant and the corporation.
Description of the property involved in the lien claim.
Date when the request for the account was received.
Itemized account of labor or materials provided, including costs.
Statement of the total lien claim amount.
Notary acknowledgment and certification of delivery.

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When this form is needed

This form should be used when a corporation has completed work or provided materials on a property and the owner requests a detailed account of the lien claim. It is necessary to fulfill this request within 15 days after contract completion in order to preserve the right to enforce the lien.

Intended users of this form

Corporations that have provided labor or materials to a property owner.
Legal representatives acting on behalf of a corporation.
Property owners requesting detailed lien information from contractors or suppliers.

How to prepare this document

Identify the corporation and its representative completing the form.
Provide a detailed description of the property where labor or materials were supplied.
Enter the date when the request for the itemized account was received.
List all labor and materials provided along with their costs.
State the total amount of the lien claim clearly.
Ensure the form is notarized and delivered to the appropriate party.

Is notarization required?

This document requires notarization to meet legal standards. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available 24/7.

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Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.

If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.

We protect your documents and personal data by following strict security and privacy standards.

Mistakes to watch out for

Failing to provide an itemized account that matches the request.
Missing the deadline to respond to the owner's request.
Neglecting to properly notarize the form before submission.
Not including complete contact information for the lien claimant.

Why complete this form online

Convenience of immediate download and access at any time.
Editability to customize the form to specific needs or projects.
Reliability of using a document drafted by licensed attorneys.

Key takeaways

The Lien Account by Corporation form is crucial for documenting lien claims by corporations.
Timely response to a property owner's request is essential to enforce lien rights.
Notarization is necessary for the form to be legally binding.

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Lien Account by Corporation

Note: This summary is not intended to be an all inclusive discussion of South Dakota's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can claim a lien in this State?

Whoever shall, at the request of the owner or the duly authorized agent or representative of the owner, or of any contractor or subcontractor, furnish skill, labor, services, including light, power, or water, equipment, or materials for the improvement, development, or operation of property as hereinafter specified, shall have a first lien thereon and the appurtenances thereto, prior and superior to all other liens except those of the state or of the United States, and except existing liens, mortgages, or other encumbrances then of record or of which the lien claimant has actual notice, for the price or value of the same, so furnished, subject to the further provisions of South Dakota Lien statutes.

How long does a party have to claim a lien?

The lien shall cease at the end of one hundred and twenty days after doing the last of such work, or furnishing the last item of such skill, services, material, or machinery, unless within such period a statement of the claim therefor be filed with the register of deeds of the county in which the improved premises are situated, or of the county to which such county is attached for judicial purposes, or if the claim be under the provisions of subdivision 44-9-1 (2), with the secretary of state.

How long is a lien good for?

No lien shall be enforced in any case unless the holder thereof shall assert the same, either by complaint or answer, within six years after the date of the last item of his claim as set forth in the filed and entered lien statement; nor shall any person be bound by the judgment in such action unless he is made a party thereto within said six years.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes, several. A subcontractor may serve the property owner with a Statement of Account detailing the amount owed. A contractor may respond by serving the owner with a Notice of Dispute, disputing the amount of the subcontractor's claim. In addition, the time within which to act on a lien may be extended by a subcontractor who files and serves a Notice of Furnishing.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

The property owner may use a Notice of Nonliability (see below) and may issue a written Demand for Lien Account. Also, an owner may issue a Demand to Commence Suit to a lien claimant. Failure to file suit within thirty (30) days results in the forfeiture of the lien.

Does this State require a notice prior to starting work, or after work has been completed?

Any owner or any person entering into a direct agreement with the owner, or the duly authorized agent or representative of the owner, may file with the register of deeds of the county in which the improved premises are situated a notice of project commencement. The notice shall be filed within thirty days of the commencement of work and shall be accompanied by a filing fee of ten dollars to be deposited in the county's general fund. The register of deeds in each county shall maintain an index of all notices of project commencements.

Does this State permit a person with an interest in property to deny responsibility for improvements?

Yes. Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises.

Is a notice attesting to the satisfaction of a lien provided for or required?

Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at his instance, or by posting like notice, and keeping the same posted, in a conspicuous place on the premises.

Lien Account by Corporation

Note: This summary is not intended to be an all inclusive discussion of South Dakota's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Who can claim a lien in this State?

How long does a party have to claim a lien?

How long is a lien good for?

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Does this State require a notice prior to starting work, or after work has been completed?

Does this State permit a person with an interest in property to deny responsibility for improvements?

Is a notice attesting to the satisfaction of a lien provided for or required?

South Dakota Lien Account by Corporation

This form is part of a form package!

What is this form?

What’s included in this form

Related forms

When this form is needed

Intended users of this form

How to prepare this document

Is notarization required?

Get your form ready online

Mistakes to watch out for

Why complete this form online

Key takeaways

Looking for another form?

Viewed forms

Form popularity

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies

South Dakota Lien Account by Corporation

This form is part of a form package!

What is this form?

What’s included in this form

Related forms

When this form is needed

Intended users of this form

How to prepare this document

Is notarization required?

Get your form ready online

Related legal definitions

Mistakes to watch out for

Why complete this form online

Key takeaways

Looking for another form?

Viewed forms

Form popularity

Explore more forms

Trusted and secure by over 3 million people of the world’s leading companies