Section 44-9-6.1 – Interest on amounts secured by liens.
44-9-6.1. Interest on amounts secured by liens. The interest payable on amounts secured by mechanics’ or materialmen’s liens shall be at the maximum interest rate allowed in §54-3-5.1. Source: SL 1979, ch 294, §2; SL 1982, ch 28, §14.
Section 44-9-7 – Attachment and taking effect of lien–Preference over other encumbrances.
44-9-7. Attachment and taking effect of lien–Preference over other encumbrances. Such lien as against the owner of the property shall attach and take effect from the time the first item of material or labor is furnished upon the premises by the lien claimant, and shall be preferred to any mortgage or other encumbrance not then […]
Section 44-9-8 – Attachment of lien–Protection of bona fide purchaser, mortgagee, or encumbrancer–Notice of lien for improvements thereafter made.
44-9-8. Attachment of lien–Protection of bona fide purchaser, mortgagee, or encumbrancer–Notice of lien for improvements thereafter made. As against a bona fide purchaser, mortgagee, or encumbrancer without notice, however, no lien shall attach prior to the actual and visible beginning of the improvement on the ground, but a person having a contract for the furnishing […]
Section 44-9-9 – Concurrent liens upon mine or mining claim, oil or gas well or spring–Pro rata payment.
44-9-9. Concurrent liens upon mine or mining claim, oil or gas well or spring–Pro rata payment. All liens, claims for labor performed, or services or materials furnished, as provided in subdivision 44-9-1(3), shall be concurrent liens upon the property charged and shall be paid pro rata out of the proceeds arising from the sale thereof, […]
Section 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.
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. 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 […]
Section 44-9-11 – Lien account and notice of claim–Service on owner of property–Copy furnished to contractor–Assent of contractor to claim–Payment by owner–Deduction from amount due contractor.
44-9-11. Lien account and notice of claim–Service on owner of property–Copy furnished to contractor–Assent of contractor to claim–Payment by owner–Deduction from amount due contractor. Whenever any such account and notice is served upon the owner of the property or his duly authorized agent or representative, he shall furnish his contractor with a copy of the […]
Section 44-9-12 – Amount due from contractor to creditor–Recovery from owner.
44-9-12. Amount due from contractor to creditor–Recovery from owner. The amount which may be due from any contractor to his creditor may be recovered from said owner by the creditor of said contractor, in any action at law, to the extent and value of any balance due by the owner to his contractor under the […]
Section 44-9-4 – Improvement not authorized by owner of land–Notice of nonliability.
44-9-4. Improvement not authorized by owner of land–Notice of nonliability. Any person who has not authorized the improvement may protect his interests from such liens by serving upon the persons doing the work or otherwise contributing to such improvement, within five days after knowledge thereof, written notice that the improvement is not being made at […]
Section 44-9-5 – Homestead right–Lien does not affect exemption.
44-9-5. Homestead right–Lien does not affect exemption. The lien shall not extend to nor affect any rights in any homestead so far as the same is exempt from levy and sale on execution. Source: SL 1913, ch 263, §2; RC 1919, §1644; SL 1921, ch 280; SDC 1939, §39.0702.
Section 44-9-6 – Contribution under contract with owner–Agreed price–Extent of lien.
44-9-6. Contribution under contract with owner–Agreed price–Extent of lien. If the contribution be made under a contract with the owner and for an agreed price, the lien as against him shall be for the sum so agreed upon together with the cost of any additional material or work agreed upon, otherwise, and in all cases […]