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South Dakota Questions
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South Dakota
We are an Electrical Contractor. We were called by a Company from MN to Trouble shoot a Copper Connection at the West Ridge Wind Energy site in Pipestone MN. $2,433 - Labor Only.
South DakotaI am the home owner. My home has closed. I researched that my contractor never filed SD required soils report and somehow obtained the building permit without submitting it. I have been in my home less than a year. The crawl has water even with a sump pump. The soils report states a minimum of 1' of engineered fill under footings. Another contractor evaluated that I have no engineered fill. My foundation is compromised. My health and home are compromised with standing water. I have followed the process for the year warranty and the contractor has denied my claim. Oh... and there are live frogs surviving in my crawl. This involves my brother's house as well, on an adjacent lot, with the same contractor. I need direction.
South DakotaI am a small contractor who did excavation work for a large company. I had a retainage fee withheld for my work which was to be paid October 1 of 2019. I finally received payment on May 4, 2020. The company took off all my interest charges for the late payments. They told me because it is a retainage fee I can not charge the interest. Can I charge interest and are they required to pay it. The work took place in South Dakota.
South DakotaI'm taking night classes and I've already answered the question but my professor wants more options. If a contractor files a mechanics lien and receives partial payment, what can he do to full payment NOW?
South Dakotaim a small construction business i have 1 main contractor who subbs to me are /is any help for me to continue to pay him ?
South DakotaMy company has an on-call sewer maintenance relationship with a large property owner in Rapid City. Do we file a lien on each individual property or the company as a whole? They have also sold a subdivision that we are still owed money on. It has been less than 60 days for those properties.
South Dakotawe give two cilvil works to one Contractor later on he complete one civil work and walk off work from 2nd civil work, will we pay him of work one if we pay work one we goes into loss because of new tendering etc..
South DakotaContractor's attorney disputes validity of our Lien stating "it has lapsed due to your failure to enforce it. Under SDCL §5-22-8, a lien may be discharged for 'lapse of the time within which an action to enforce the same may be commenced without such action having been commenced.' SDCL 5-22-7 provides that:
All claims to liens under this chapter relating to public improvement contracts shall cease to have any validity or to be binding upon the public body or the contractor under the provisions of this chapter unless an action to enforce the same as hereinbefore provided shall be commenced within thirty days from the acceptance of the work for which the same shall be claimed.
...As of today’s date, A Thru Z has not taken further action to enforce its lien...because A Thru Z has not taken any action to enforce its Public Claim of Lien within thirty (30) days of acceptance of A Thru Z’s work, its Public Claim of Lien has ceased to have any validity under SDCL 5-22-7 and 5-22-8."
1. Is this correct?
2. If so, we were not aware of this requirement to maintain/effectuate the Lien. I would expect that zLien should have advised us accordingly at the time we issued it. Did they and we missed it??
South DakotaProject is located in Sioux Falls, SD. Was delayed for 1 year+ at no fault of our own (subcontractor), and is now finally substantially complete (as of 4/13/18). Contract is paid to date with exception of balance pay app for $25K, plus $12K retention. We have submitted a claim for delay damages that total $11K which GC refuses. Our question is: are we able to enforce any lien rights for our claim or are the lien rights reserved for the contract price ONLY?
South Dakota