Statutes, codes, and regulations
South Dakota Codified Laws
Title 5 - PUBLIC PROPERTY, PURCHASES AND CONTRACTS
Chapter 22 - LIENS RELATING TO PUBLIC IMPROVEMENT CONTRACTS
Section 5-22-6 - Pro rata distribution if contract proceeds insufficient-Deficiency judgment against contractor-Restriction on public liability

S.D. Codified Laws § 5-22-6

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Current through the 2024 Legislative Session
Section 5-22-6 - Pro rata distribution if contract proceeds insufficient-Deficiency judgment against contractor-Restriction on public liability

If the amount due the contractor shall not be sufficient to pay all liens in full, the court shall order and direct the payment of the same, after deducting the costs of the action, to the persons whose liens are adjudged valid, ratably in proportion to the amounts of their several claims; and may render proper judgment against the contractor for any deficiencies.

The public body shall not be liable in any event for more than the amount due to the contractor under provisions of these statutes for any costs of the action.

SDCL 5-22-6

SL 1895, ch 133, § 4; RCCivP 1903, § 716; RC 1919, § 1663; SDC 1939, § 39.0904.