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

§ 31-23-3. 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.