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Who should attend Mechanic's Lien Law
This seminar is designed for attorneys, presidents and vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, architects, engineers, principals, contractors, subcontractors and developers
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Mechanic's Lien Law  

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Training Course Syllabus:


This seminar is designed for attorneys, presidents and vice presidents, accountants, controllers, construction and project managers, business owners and managers, credit managers, lenders, architects, engineers, principals, contractors, subcontractors and developers.

Attending this one-day seminar can provide you with the practical tools necessary to effectively identify, file, litigate and defend a mechanicís lien today in South Dakota while avoiding unnecessary and costly pitfalls to your clients. Emphasis will be placed on the applicable South Dakota statutes and caselaw relative to mechanicís liens.

Areas to be discussed include:

ē The Contents Of A Mechanicís Lien

ē Title Insurance And Mechanicís Liens

ē Recent Caselaw

ē Pre-Lien Considerations

ē Filing Considerations

ē Practical Aspects Of Collecting/Enforcing Mechanicís Lien

8:30 a.m. - 9:20 a.m.

I. The Contents Of A Mechanicís Lien

A. Essential Requirements

B. The Corresponding Duties Of The Parties

C. Taking A Look At An Actual Mechanicís Lien

9:20 a.m. - 9:30 a.m.

Break

9:30 a.m. - 10:45 a.m.

II. Title Insurance And Mechanicís Liens

A. Understanding That Liens Effect Marketability Of Title

B. Title Insurance In South Dakota Generally

C. Title Insurance Coverage And Endorsements As A Shield From Mechanicís Liens

10:45 a.m. - 11:30 a.m.

III. Recent South Dakota Mechanicís

Lien Caselaw And Related South

Dakota Supreme Court Opinions

(Cases To Be Discussed Yet To Be

Determined)

11:30 a.m. - 12:30 p.m.

Lunch (On Your Own)

12:30 p.m. - 1:15 p.m.

IV. Pre-Lien Considerations

A. Contract Considerations

1. Express

2. Implied

3. Importance Of Written Contract

4. Written Change Orders

B. Documentation

1. Invoices/Expenses

2. Organization

1:15 p.m. - 2:00 p.m.

V. Filing Considerations

A. Register Of Deeds Office

1. Canít Give Legal Advice

2. Can Give Info On Fees, What Needs To Be Filed

3. Importance Of Confirming Correct Owner Prior To Filing

4. Acceptance Of Lien If Accompanied By Two Certified Mail Receipts

5. Importance Of Invoices Accompanying Lien At Time Of Filing

6. Lis Pendens Filed At R.O.D.ís Office As Well

7. Sheriffís Deed

8. Strict Acceptance Based On Timeliness

9. New Statutes Ė Notice To General Kíor If Sub Filing Lien

2:00 p.m. - 2:10 p.m.

Break

2:10 p.m. - 3:30 p.m.

VI. Overview Of SDCL Ch. 44-9

A. Who Can File

B. Lien Attaches As Of Date Of First Item Of Material/Labor

C. Priority Considerations/Other Lienors

1. Check R.O.D.ís Office Or Title Search

D. Importance Of Filing Within 120 Of Completion Of Work

E. Notice Of Non-Liability

F. Owner/Agent Distinction

G. Lien Based Of Contract/Reasonable Value Of Materials/Work

1. SD Case Law

H. Mail Copy Of Lien Contents To Owner/Agent Prior To Filing

1. Certified Mail Receipts To Accompany Lien For Filing

I. Can Demand Suit To Foreclose Lien Within 30 Days Or Lose Rights

J. Satisfaction Of Liens

K. Statute Of Limitations

L. Lis Pendens

M. Bill Of Particulars

N. Attorneys Fees Allowed In Discretion Of Court

O. Homestead Exemption

P. Right Of Redemption

Q. If Sub, Notice To General Of Lien Prior To Filing

3:30 p.m. - 4:30 p.m.

VII. Practical Aspects Of Collecting/

Enforcing Mechanicís Lien

A. Importance Of Written Contract And Change Orders

B. Importance Of Documentation/Invoices

C. Option Of Legal Or Equitable Remedy

D. Cost Of Collection

E. Time Frame/Statute Of Limitations

F. Attorneys Fees Awardable As To Equitable Portion Of Proceeding Only

G. Homestead Exemption

1. Over 70

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