Any person furnishing any of the items for which a lien may be claimed under the provisions of § 44-9-1 under a contract, either express or implied between the owner of the property or his duly authorized agent or representative, and any contractor working upon or about such property may serve upon the owner, or his duly authorized agent or representative at any time, a sworn account and notice of his claim showing the items and amounts and the dates that the same were furnished, and thereupon the owner shall withhold from his contractor so much of the contract price as may be necessary to meet the claims of persons who have served such accounts and notices.
S.D. Codified Laws § 44-9-10
Materials or services furnished to contractor--Lien account and notice of claim furnished to owner--Withholding of payments from contractor to protect lien claimants
Applied in 1 court decision — leading case Larson Concrete Co. v. Stroschein (1984)
Most recently applied in Larson Concrete Co. v. Stroschein (August 1984)
Source: SL 1879, ch 41, § 2; CL 1887, § 2040; RPolC 1903, § 2574; SL 1909, ch 51, § 2; SL 1913, ch 263, § 6; SL 1915, ch 243, § 2; RC 1919, §§ 1632, 1648; SDC 1939, § 39.0703.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.