State of South Dakota  

923T0525   HOUSE BILL   NO.  1120  

Introduced by:    Representatives Solum, Gibson, Kirkeby, Moser, and Turbiville and Senators Lederman, Hansen (Tom), Hundstad, and Maher

        FOR AN ACT ENTITLED, An Act to revise certain provisions regarding the filing of claims against public improvement contracts.
    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.