Penalties for using an illegal construction contract in South Dakota:
- Any provision in a construction contract which would indemnify anyone against their own sole negligence is void under South Dakota Codified Laws § 56-3-18.
- Any attempt to apply the law of another state to a contract for construction in South Dakota is void under South Dakota Codified Laws § 53-1-4.
- Any contract clause which attempts to shorten the statute of limitations or statute of repose is void under South Dakota Codified Law § 53-9-6.
- Interest of 1-1/2 percent per month accrues if payment terms on a public works subcontract don't comply with South Dakota Codified Laws § 5-26-6.
- Any attempt to assess a penalty for breach of a construction contract is void under South Dakota Codified Laws § 53-9-5.
- Omission of federal truth in lending disclosures required by 15 United States Code § 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
- Omission of disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
- Omission of insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help South Dakota contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current South Dakota and federal court decisions.
The contracts linked below comply with the following South Dakota and federal laws:
- Choice of law -- South Dakota Codified Laws § 53-1-4
- Concealed defect -- South Dakota Codified Law § 15-2A-7
- Excavation -- South Dakota Codified Laws §49-7A-5
- Indemnity -- South Dakota Codified Laws § 56-3-18
- Insulation disclosure -- 16 Code of Federal Regulation § 460
- Interest on unpaid balances -- South Dakota Codified Law § 54-3-16 and § 21-1-13.1.
- Misrepresentations -- South Dakota Codified Laws § 20-10-1
- No-lien contract -- South Dakota Codified Laws § 44-9A-1
- Payment of subcontractors -- South Dakota Codified Laws § 5-26-6
- Retainage -- South Dakota Codified Laws § 5-18-12
- Right of rescission -- 12 Code of Federal Regulations § 226.15
- Right to Repair Act -- South Dakota Codified Laws § 21-1-15 and § 21-1-16
- Rights of third parties -- South Dakota Codified Laws § 53-2-6
- Statute of limitations -- South Dakota Codified Law § 15-2-13
- Statute of repose -- South Dakota Codified Law § 15-2A-3 and § 53-9-6
- Truth in lending -- 15 United States Code § 1638
Return to Penalties for Illegal Contracts in South Dakota.
The contracts linked below conform with current South Dakota and federal court decisions.
The contracts linked below comply with the following South Dakota and federal court decisions:
- Arbitration -- Masteller v. Champion Home Builders Co., 2006 SD 90
- Attorney fees -- Jacobson v. Gulbransen, 2001 SD 33
- Contractor claims for delay -- Melka Marine Inc. v United States, 187 F.3d 1370, 1999
- Implied warranty -- Bunkers v. Jacobson, 2002 SD 135, 2002
- Liability for a plan defect -- Reif v. Smith, 1982 S.D. LEXIS 324
- Liquidated damages -- Fargo v. Case Development Co., 1987 N.D. LEXIS 252
- Measure of damages -- Dave Gustafson & Co. v. State, 83 S.D. 160, 1968
- Payment for extra work -- All Star Construction Co. v. Koehn, 2007 SD 111, 2007
- Representations by contractor -- Holy Cross Parish v. Huether, 1981 S.D. LEXIS 312
- Site inspection clause -- Mooney's, Inc. v. South Dakota Department of Transportation, 1992 S.D. LEXIS 21
- Statute of repose -- Cleveland v. City of Lead, 2003 SD 54
Return to Penalties for Illegal Contracts in South Dakota.
Return to construction contract laws in South Dakota.
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