FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the filing of claims
against public improvement contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 5-22-9 be amended to read as follows:
5-22-9. At any time after the completion of any work or improvement for any public body
the contractor may issue notice as hereinafter provided by this section, specifically stating that
the improvement has been completed and requiring that all subcontractors or persons who
furnished any items of labor, service, skill, material, equipment, or supplies for any
subcontractor, naming them, must shall file their claims with the contractor within one hundred
twenty sixty days after the first publication of said the notice.
The notice shall specify the name and address of the public body, department, bureau,
commission, or agency thereof which caused the improvement to be made and the name and
address of the contractor, and that claims shall be filed at both addresses so specified. If the
contractor be a nonresident of the State of South Dakota,
he the contractor shall specify a place
and address within the state where claims may be filed.
Section 2. That § 5-22-11 be amended to read as follows:
5-22-11. 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 the improvement which are
not filed in accordance with the provisions of
said the notice within
one hundred twenty sixty
days from the first publication
thereof of the notice shall be barred as a lien or claim against the
public body and contractor, and no action on any claim so barred
shall may 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. However,
nothing in this
statute shall section in any manner
bar bars the right of any person who has
furnished any lienable items to any subcontractor to collect for the same from the
said
subcontractor.