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South Dakota Preliminary Notice FAQs

Sending a South Dakota preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in South Dakota.

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South Dakota preliminary notice requirements for:

Private projects

General contractors are not required to send a preliminary notice on private projects.

Public projects

General contractors are not required to send a preliminary notice on public projects.

Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.

Private projects

If the GC filed a notice of commencement, subcontractors and suppliers must send a preliminary notice on private projects.

  • Notice is due within 60 days
  • Notice is sent to GC and owner
  • Notice cannot be sent late

Public projects

Subcontractors and suppliers are not required to send notice on public projects.

However, sending preliminary notice even when not required is generally beneficial to promote visibility, open channels for communication, and streamline payment.