Owner to Prime Contractor (Private): N/A
Prime Contractor to Subcontractor (Private): N/A
Interest/Penalties (Private): N/A
Owner to Prime Contractor (Public): Unless otherwise provided by contract, 45 days after receipt of invoice.
Prime Contractor to Subcontractor (Public): 30 days receipt of payment from owner.
Interest/Penalties (Public): Progress payments: interest at 1.5% per month unless otherwise provided by contract. Final payment: 10% per annum unless otherwise provided by contract.
Pay-If-Paid Permissible: Unclear. South Dakota has not yet addressed contingent payment clauses.
Disclaimer: This information was published on July 1, 2020. Please contact Josh Levy, Eric Meier or Samantha Schacht for modifications made by South Dakota since that date. Visit our 50-State Construction Law Map for information on other states.