South Dakota § 21-1-16 - Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.
Full text of South Dakota South Dakota Codified Laws § 21-1-16 — Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate., with citation guidance and answers to common questions.
§ 21-1-16. Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.
Prior to commencing an action against the construction professional for a construction defect, a home owner shall:
(1) Serve on the construction professional a written notice describing the alleged construction defect; and
(2) Allow the construction professional, within thirty days after service of the notice, to inspect the alleged construction defect and serve on the home owner a written offer to repair the construction defect or compensate the owner by monetary payment.
The home owner may not commence an action against the construction professional for a construction defect until thirty days after the notice is served on the construction professional or until the construction professional refuses to remedy the alleged construction defect, whichever occurs first. Upon service of the notice, the statute of limitations set forth in chapter 15-2A is suspended for the thirty-day period or until the refusal, whichever occurs first. If the home owner commences an action against the construction professional without complying with the requirements of this section, the action shall be stayed until the home owner has complied with such requirements. No home owner is required to serve another written notice for any additional defects discovered after the home owner has served an initial written notice of a construction defect pursuant to this section. The provisions of this section do not apply to the initiation of a counterclaim or cross-claim in any action that is already properly commenced.
Source: SL 2007, ch 137, § 2.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 21-1-16
What does South Dakota Codified Laws § 21-1-16 cover?
Section 21-1-16 ("Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 21-1-16?
A common citation format is "South Dakota Codified Laws § 21-1-16" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 21-1-16 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.