Conditional Notice

    South Dakota Preliminary Notice Requirements for Contractors [2026]

    SD — SDCL § 44-9-23

    Disclaimer: LienFlash is a document preparation platform, not a law firm. The statutory information below is provided for educational purposes and reflects state law as of 2026. Consult a qualified construction attorney licensed in South Dakota for legal advice specific to your situation.

    Quick Facts

    Notice Required

    Conditional

    Notice Type

    Preliminary Notice

    Statute

    SDCL § 44-9-23

    Deadline

    60 days from first furnishing

    Delivery Method

    Certified mail or personal delivery

    Key Fact: South Dakota

    South Dakota only requires a preliminary notice when a Notice of Commencement has been filed. The 60-day window provides reasonable time for compliance.

    Understanding South Dakota Requirements

    South Dakota has a conditional preliminary notice requirement under SDCL § 44-9-23. The Preliminary Notice is only required under specific circumstances, such as when a Notice of Commencement has been filed on the project or when the work involves certain property types.

    Because the notice requirement in South Dakota depends on project-specific conditions, subcontractors and suppliers must verify whether a Preliminary Notice is needed on each individual job. Missing a required notice when conditions are met can forfeit lien rights entirely.

    LienFlash is building support for South Dakota's conditional notice requirements. When we launch, our platform will help you determine whether notice is required and automate the filing process when it is.

    LienFlash is Coming to South Dakota

    Join the waitlist to be notified when we launch automated preliminary notice filing in South Dakota.

    Already working in a state we support?