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Notice of Furnishing of Labor or Materials

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Notice of Furnishing of Labor or Materials – Corporation

Prepared by, recording requested by and return to:

Name:

Company:

Address:

City:

State:

Zip:

Phone:

Fax:

---------------------- Above this Line for Official Use Only ----------------------

NOTICE OF FURNISHING OF LABOR OR MATERIALS – CORPORATION

(S.D. Codified Laws Ann. § 44-9-53)

TO CONTRACTOR:

AND OWNER:

COMES NOW, as a representative of a corporate sub-contractor, or corporate supplier to sub-contractors, which has furnished labor and/or materials for the improvement of the property located at and described as

and would provide notice of the following:

1. The undersigned actually furnished or is scheduled to furnish the first item of labor and/or materials on the day of , and ceased, or will cease, providing labor and/or materials for the improvement of the above described property on the day of , .

2. The undersigned contracted with or was employed by .

3. A description of the labor, services, or materials furnished and the contract price or value thereof is as follows:

labor/services/materials
date
cost/value

4. A description of the project is as follows:

5. The undersigned is due the amount of $ .

6. A copy of this notice has been provided to the project’s principal contractor and to the property owner of record by certified or registered mail. Post office receipts evidencing said mailings are attached hereto.

This the day of , .

Signature

Type or Print Name

Title

Corporation

Attest:

Secretary

State of South Dakota

County of

On this , the day of , , before me, , the undersigned officer, personally appeared , who acknowledged himself to be the of , a corporation, and that he/she, as such being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as .

In witness whereof I hereunto set my hand and official seal.

Notary Public, State of

My commission expires:

Type or Print Name

Certificate of Delivery

I, hereby certify that I have delivered this day a true and correct copy of the foregoing to by mailing a true and correct copy of same by certified or registered U.S. mail, postage prepaid, return receipt requested.

So certified this the day of , .

Signature

Enter text✕

What the Notice of Furnishing of Labor or Materials Is

Notice of Furnishing of Labor or Materials is a short, written communication used in construction and related industries to inform property owners, general contractors, and lenders that a subcontractor, supplier, or laborer has begun work or supplied materials on a project. It helps identify the claimant, describe the work or materials, state amounts or balances, and record delivery method and dates to create evidence that supports later lien, bond, or payment claims under state statutes.

Step-by-step: Complete and Serve the Notice

Follow these steps to complete and deliver a Notice of Furnishing to maximize legal protection and create a clear project record.

  • 01
    Prepare Document: Enter claimant, project, dates, and amounts.
  • 02
    Confirm Parties: Identify owner, general contractor, and lender if applicable.
  • 03
    Serve Notice: Deliver by required method and retain proof.
  • 04
    Record Copy: Keep signed copy and proof of delivery for records.

Why Sending a Notice Matters for Payment Protection

Sending a Notice of Furnishing helps preserve lien or bond claims, documents scope of work, and signals intent to be paid. Properly completed notices reduce disputes over entitlement and timing, supporting downstream collection or lien enforcement under state statutes.

Why Sending a Notice Matters for Payment Protection

Who typically prepares and receives these notices

Typical users include general contractors, subcontractors, suppliers, and construction attorneys focused on payment protection and project lenders.

  • Subcontractors: Protects right to file mechanics' lien or bond claim.
  • Suppliers: Records materials provided and supports payment claims against owner or contractor.
  • General contractors: Tracks who is supplying labor or materials on site for payment coordination.

Use the form when supplying labor or materials without direct contract to the owner or when state law requires preliminary notice.

Essential elements to include on a professional Notice of Furnishing

A professional Notice of Furnishing includes clear claimant details, project identification, amounts, dates, delivery method, and an authorized signature for legal sufficiency.

Claimant Details

Provide the claimant's full legal name, business type, mailing address, and Tax ID where applicable. Exact identification reduces risk of service disputes and mismatched records in lien searches.

Project Info

Include the project name, physical address, owner name, and brief scope of work or materials furnished so recipients can readily identify the subject property and contract reference if available.

Dates

List the date(s) when labor commenced or materials were first delivered and include the effective date used to calculate notice windows and any amendment dates.

Amounts

State the contract sum, invoiced amounts, retainage, and outstanding balance with precise dollar amounts to support claims and accounting reconciliation on the date of notice.

Delivery Details

Specify how notice was sent, date of service, recipient name, and attach certified mail receipt, personal delivery affidavit, or electronic delivery log as proof where available.

Signature

Include printed name, title, signature, and date by an authorized representative; corporate filers should indicate authority to bind the organization and provide contact phone or email for verification.

Required information summary

Claimant Name: Enter full legal business name.
Project Address: Include street, city, state, and ZIP.
Dates: Use MM/DD/YYYY for all dates.
Amount Claimed: Enter exact dollar amount and cents.
Recipient: Name of owner or general contractor.
Signature: Authorized signer and date.

How to configure an online Notice of Furnishing workflow

Configure an online template to automate Notice of Furnishing generation, signer routing, and proof-of-service capture for consistent compliance.

Field Configuration
Claimant Name Auto-fill from claimant profile and contract records
Project Address Single-line autofill with address validation and ZIP
Effective Date Use MM/DD/YYYY format with calendar picker
Delivery Method Choose certified mail, personal delivery, or allowed email

Typical routing and proof-of-service workflow

Typical delivery and filing paths include sending notice to owner and general contractor, then retaining certified mail receipts and signed copies.

  • To Owner: Mail or deliver to owner contact on contract.
  • To GC: Send a copy to the general contractor for notice.
  • To Lender: Provide notice to mortgagee if financing is recorded.
  • File Copy: Keep a notarized or certified copy if available.

Digital signing and e-submission capabilities to consider

Electronic submission and eSignature options can streamline Notice of Furnishing delivery while preserving evidence of service.

  • File Formats: PDF and DOCX supported.
  • Authentication: Email, SMS code, or stronger.
  • Integrations: Connect to Procore, Salesforce, or NetSuite.

Timelines and critical dates to track

Key timelines vary by state; timely issuance and proof of delivery are essential to preserve lien or bond rights and meet statutory notice conditions.

Issue Promptly:

Send notice when labor or materials are first furnished.

Proof of Service:

Retain certified mail receipt or signed delivery acknowledgment.

State Deadlines Vary:

Some states require preliminary notice within 10 to 90 days.

Update Notices:

Send amendments if contract amounts or scope change.

Retention of Records:

Keep copies until statute of limitations expires or longer.

Milestone timeline from start to enforcement

Key milestones track notice preparation, service, documentation, and lien or bond enforcement steps to maintain legal options.

01

Project Start

Prepare and date the notice as work begins.

02

Serve Notice

Deliver by required method and keep proof.

03

Monitor Deadlines

Track state notice windows and filing cutoffs.

04

Enforcement Step

Record lien or pursue bond claim if unpaid.

Common preparation mistakes to avoid

  • Failing to identify the correct owner or contractual party can invalidate the notice and prevent lien or bond claim enforcement in many jurisdictions.
  • Using imprecise descriptions of work or materials leads to disputes over scope, delays in payment, and weakened proof when filing a lien or bond claim.
  • Missing statutory service methods or deadlines—such as not using certified mail when required—can strip rights to assert a mechanics' lien or payment bond claim.
  • Relying on unsigned or undated copies, or failing to retain delivery proofs, undermines evidentiary weight in court or lien hearings.

Consequences of incorrect or late notices

Loss of Lien: May forfeit lien rights.
Payment Delay: Increases time to recover.
Legal Costs: Triggers attorney and filing fees.
Bond Claims Risk: Complicates bond recovery.
Disputed Amounts: Leads to litigation risk.
Statutory Penalties: Penalties or priority loss.

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Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

FAQs: Common questions about Notices of Furnishing

Answers to common questions about preparing, serving, and enforcing a Notice of Furnishing, and issues with electronic forms and signatures.


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