31-23-1      Performance bond required--Amount of bond--Conditions of bond.
31-23-2      Laborer's or materialman's suit on bond--Time for payment.
31-23-3      Subcontractor's creditors' right of action on bond--Time for payment--Written notice required--Contents of notice--Service of notice.
31-23-4      Title of suit--Venue--Limitations--Costs and expenses.
31-23-5      Remedy as exclusive.

31-23-1. Performance bond required--Amount of bond--Conditions of bond.

Except as provided in § 31-12-15, before any contract is entered into for the construction, repair, or improvement of any public highway by the State of South Dakota, or any public corporation within the State of South Dakota, the person to whom such contract is awarded shall furnish a performance bond running to the State of South Dakota in an amount not less than the contract price for the faithful performance of such contract, in the form and conditioned as required by the statutes of the State of South Dakota.

Source: SL 1941, ch 135, § 1; SDC Supp 1960, § 28.1601; SL 1987, ch 60, § 2.

31-23-2. Laborer's or materialman's suit on bond--Time for payment.

Every person who has furnished labor or material in the prosecution of the work provided for in such contract, in respect of which such a performance bond is furnished under § 31-23-1 and who has not been paid in full therefor before the expiration of a period of six months after the day on which the last of the labor was done or performed by him or material furnished or supplied by him for which such claim is made, shall have the right to sue on such bond for the amount, or the balance thereof, unpaid at the time of the institution of such suit and to prosecute said action to final execution and judgment for the sum or sums justly due him.

Source: SL 1941, ch 135, § 2; SDC Supp 1960, § 28.1602.

31-23-3. Subcontractor's creditors' right of action on bond--Time for payment--Written notice required--Contents of notice--Service of notice.

Any person having direct contractual relationship with a subcontractor but not contractual relationship express or implied with the contractor furnishing a performance bond under § 31-23-1 shall have a right of action upon the said bond upon giving written notice to said contractor within six months from the date on which such person did or performed the last of the labor or furnished or supplied the last of the material for which such claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. Such notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at the place he maintains his principal office or conducts his business, or his residence, or in any manner authorized by the laws of the State of South Dakota for the service of process.

Source: SL 1941, ch 135, § 2; SDC Supp 1960, § 28.1602.

31-23-4. Title of suit--Venue--Limitations--Costs and expenses.

Every suit instituted under this chapter shall be brought in the name of the State of South Dakota for the use of the person suing, in the circuit court of the State of South Dakota within the circuit in which the contract was to be performed, and not elsewhere, irrespective of the amount in controversy in such suit, but no such suit shall be commenced after the expiration of one year after the date of final settlement of such contract. The State of South Dakota shall not be liable for the payment of any costs or expenses of any such suit.

Source: SL 1941, ch 135, § 3; SDC Supp 1960, § 28.1603.

31-23-5. Remedy as exclusive.

The remedy provided for in this chapter shall be exclusive.

Source: SL 1941, ch 135, § 4; SDC Supp 1960, § 28.1604.