South Dakota
Lien Waiver Forms
South Dakota lien waivers: no prescribed form, with a payment-tied joint-check statute
State Rules
How South Dakota treats lien waivers
South Dakota does not prescribe a general statutory lien waiver form: SDCL chapter 44-9 says nothing about waiver form or content, so our general-purpose conditional and unconditional progress and final waivers apply. While there is no express anti-waiver statute, the Construction Lien Waiver Agreements chapter (SDCL ch. 44-9A) ties its statutory waiver mechanism to actual payment: a joint check endorsed by the payees together with a separate written waiver agreement referenced on the check. Keeping waivers connected to payment actually received is therefore the prudent South Dakota pattern.
South Dakota lien waiver forms we generate
Four house forms cover every payment on a South Dakota project: conditional or unconditional, progress or final.
Conditional Waiver and Release of Lien: Progress Payment
Signed when a progress payment is promised: the waiver only takes effect once that payment actually arrives.
Unconditional Waiver and Release of Lien: Progress Payment
Signed after a progress payment has been received: immediately waives lien rights for work through the covered date.
Conditional Waiver and Release of Lien: Final Payment
Signed when the final payment is promised: waives all remaining lien rights, but only once the payment clears.
Unconditional Waiver and Release of Lien: Final Payment
Signed after the final payment is in hand: a complete, immediate waiver of lien rights on the project.
Signing a lien waiver in South Dakota
Execution rules (the form's wording, notarization, witnesses, and whether an electronic signature works) are set by state law. Here's what applies in South Dakota, built into every waiver we generate.
Advance waivers
SDCL ch. 44-9 contains no express prohibition on advance lien waivers, but South Dakota's Construction Lien Waiver Agreements chapter (SDCL 44-9A-1 to 44-9A-3) frames waiver as occurring through endorsement of a joint check together with a separate written waiver agreement referenced on the check (i.e., tied to actual payment).
South Dakota execution rules
- ⚖ No prescribed statutory form: our attorney-reviewed house forms apply.
- ✓ Notarization: not required in South Dakota.
- ✓ Witness: not required in South Dakota.
- ✓ E-signature: available. Send South Dakota waivers for electronic signature and get the signed copy stored with a tamper-evident audit certificate.
Create a free South Dakota lien waiver
The correct South Dakota form, filled in and ready to download in about two minutes. Free to generate and download. Upgrade only when you want e-signature and automatic reminders.
Working in another state?
Every state's waiver rules are different. Check before you sign.