If contractors and suppliers don’t get paid on a construction project in Louisiana, they can file a lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file a Louisiana mechanics lien.
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Prime contractors in Louisiana must file a Notice of Contract before work begins if the contract value is more than $100,000.00.
On owner-occupied residential projects, the prime contractor must deliver a Notice of Lien Rights to the property owner before commencing work.
Louisiana's deadline to file a mechanics lien is generally 60 days from substantial completion of the entire work. However, this deadline can vary depending on a few factors.
Lien enforcement deadlineIn Louisiana, claimants must act to enforce their lien within 1 year of their filing. This enforcement deadline may not be extended.
Preliminary notice requirementsLouisiana subcontractors are not generally required to provide notice before filing a mechanics lien. However, sending a preliminary notice can help reduce payment problems on a project.
Louisiana's deadline to file a mechanics lien is generally 60 days from substantial completion of the entire work. However, this deadline can vary depending on a few factors.
Lien enforcement deadlineIn Louisiana, claimants must act to enforce their lien within 1 year of their filing. This enforcement deadline may not be extended.
Preliminary notice requirementsIf hired by someone other than the prime contractor, Louisiana suppliers must send a Notice of Nonpayment within 75 days of the last day of each month of furnishing labor and/or materials.
Equipment Lessors must deliver a Notice of Lease to the owner and prime contractor within 30 days of furnishing equipment.
Design professionals in Louisiana must send a "Design Professional Notice" to the owner within 30 days of being hired.
Louisiana's deadline to file a mechanics lien is generally 60 days from substantial completion of the entire work. However, this deadline can vary depending on a few factors.
Lien enforcement deadlineIn Louisiana, claimants must act to enforce their lien within 1 year of their filing. This enforcement deadline may not be extended.
TopicContractors, suppliers, property owners, construction lenders, and other vendors will encounter all kinds of lien-related paperwork and questions when working on Louisiana construction jobs. Here are some of the common issues you may encounter, and answers written by construction attorneys and payment experts in Louisiana.
Louisiana’s mechanics lien laws offer protection to a broad array of project participants. These parties include prime contractors (GCs), subcontractors, laborers/employees, material suppliers, equipment lessors, registered/certified surveyors or engineers, licensed architects, and professional sub-consultants.
Under Louisiana’s definition of sellers of movables (i.e. material suppliers) parties who supply fuel for machinery or equipment used on the project also have lien rights.
Suppliers to suppliers are not entitled to mechanics lien rights in Louisiana.
No, if the work requires a license, and the contractor does not have the requisite licensing, a mechanics lien cannot be validly claimed.
Although there is no specific provision in Louisiana’s lien laws that require a license, a valid contract is required to pursue lien rights. A recent Louisiana Court of Appeals case highlighted this issue by declaring that contracts entered into with unlicensed contractors are an “absolute nullity.” Because a valid contract is required to secure lien rights, it stands to reason that a license (if required for the work performed) is required to secure lien rights as well.
Furthermore, the contractor, in addition to having the contract declared void, may also be penalized by the LA State Licensing Board for Contractors. Which means they may face fines, and recovery for non-payment will be limited to the “minimum value” of the work performed.
The deadline to file a mechanics lien in Louisiana can tend to get a bit complicated. The deadline can change depending on a few different factors, such as if a Notice of Contract and/or a Notice of Termination was filed, and the claimant’s role on the project.
If no Notice of Contract was filed: the deadline to file a lien is the same for all claimants, 60 days from substantial completion, abandonment, or the date a Notice of Termination was filed.
If a Notice of Contract was filed: the deadline varies.
• Direct contractors: the deadline to file is 7 months from substantial completion or abandonment of the project. However, if a Notice of Termination is filed, then 60 days from that filing date.
• All other claimants: the deadline to file is 6 months from substantial completion or abandonment of the project. However, if a Notice of Termination is filed, then 30 days from that filing date.
Louisiana passed legislation, effective January 1, 2020, that changed the deadlines for some parties on a project. Learn more about Louisiana’s filing deadlines, before and after the law changes.
You may be asking yourself, how will I know if these notices have been filed?
Louisiana law provides a notice we refer to as a Notice to Owner of Obligation. If this notice is sent to the owner they will be required to notify the claimant within 10 days of substantial completion, abandonment, or filing of a Notice of Termination.
The deadline to file a mechanics lien in Louisiana can be extended, but only under very limited circumstances.
If the project is residential, and a Notice of Contract wasn’t filed, then any party who didn’t contract directly with the property owner can send a Final Notice of Nonpayment. If this notice is sent at least ten days before the filing deadline, it will extend the claimant’s deadline for an additional 10 days.
The following information needs to be included in a Louisiana mechanics lien claim in order to be valid:
• Claimant’s name & address
• Owner’s name & address
• Hiring party’s name & address
• Description of the property
Not really. Louisiana requires that a Statement of Claim and Privilege “shall reasonably identify the immovable with respect to which the work was performed…,” and “sufficient to clearly and permanently identify the property.”
A description which includes the lot and/or square and/or subdivision or township and range is considered sufficient, while merely naming the street and mailing address is not enough.
While perhaps a street, mailing address, and some undefined “more” might be sufficient, case law suggests that the best way to be safe is to include a legal description of the property to be liened.
Generally, yes. Section 4803 of Louisiana’s Private Works Act states that Louisiana mechanics liens can include principal amounts owed for the work performed, interest that’s due thereon, and the fees paid for filing the lien statement.
Attorney’s fees may be recoverable if the lien claimant is the successful party in a foreclosure action and if provided by the contract. Punitive or consequential damages, as well as the cost of materials not incorporated or consumed on the project, are also not allowed in the lien claim.
No, a Louisiana mechanics lien form is not required to be notarized to be valid.
Louisiana mechanic lien claims are recorded with the parish recorder of mortgages office in the parish where the job is physically located.
Each parish has its own unique rules and requirements. To help you, we’ve assembled a list of all the parish offices in Louisiana that record mechanics liens. These pages will walk you through the each parish’s specific formatting requirements, deadlines, and fees.
Yes. Louisiana law requires that the lien claimant send a copy of the lien statement to the property owner, and, if the potential lien claimant is supplying a subcontractor, notice must be given to the general contractor as well.
If the property owner’s address is not included in the Notice of Contract, the lien claimant is not required to notify the owner, but best practice would be to always notify the owner of the filing of a lien claim.
In Louisiana, a lien claimant is required to initiate an action to enforce his claim or privilege within one year after the expiration date for filing a lien claim.
In Louisiana, once the lien has been satisfied, an owner or other party with an interest in the property may require the lien claimant to give written request for cancellation. Filing a lien release cancels the statement of claim or privilege from the records.
If the claimant fails to submit the lien release within 10 days of the request, they will be liable to the property owner for damages.
Lien priority was recently tweaked by Louisiana legislature. Pre-existing mortgages and construction loans still have priority over mechanics lien rights acquired after the mortgage or loan attached to the property.
Much like other states, mechanics liens in Louisiana do not have priority over liens and encumbrances attached to the property by a public authority – like tax liens, assessments, or privileges held by cities or parishes.
Among lien claimants, there are 3 different tiers of priority for mechanics lien claimants, depending on the claimant’s role on the project.
• Tier 1 (highest priority): Laborers and employees that work for the owner, a prime contractor, or a subcontractor.
• Tier 2: Suppliers and equipment lessors, regardless of who they were hired by (even when hired by the owner), and subcontractors.
• Tier 3: Prime contractors and design professionals (regardless of who they were hired by).
Louisiana does not have statutory lien waiver forms, so you can use any lien waiver form. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers.
Louisiana state law is unclear or silent about whether contractors and suppliers can waive their lien rights before any work on the project begins. Accordingly, you want to proceed with caution on this subject.
It would likely be considered a contract. Notice of contract can be avoided in certain situations. Were you a subcontractor? How much was the project value? Keep in mind you can still recover without a lien.
Answered by Mark Montiel | Partner, Co-founder https://www.levelset.com/payment-help/question/can-i-file-a-mechanics-lien-299/I would need more details to give you a specific answer. I assume there is money owed and thus it would largely depend on timing and a few other factors.
Answered by Mark Montiel | Partner, Co-founder https://www.levelset.com/payment-help/question/how-can-i-get-my-money-from-a-customer/Without knowing any of the details on the debt if you would like me to see where you should seek collection on this account, we are a licensed collection agency so feel free to contact me and discuss the debt so I can direct you to your best solution. Best regards, Steve
Answered by Steve Rauch | PresidentIn Louisiana, contractors & suppliers who do not receive payment for their contributions to a construction project generally have the right to file a mechanics lien. However, lien claimants in Louisiana must meet specific requirements. If you do not follow the guidelines in LA state law, you could lose the right to use a mechanics lien to secure payment.
This page explains everything that construction businesses need to know about Louisiana’s mechanics lien laws, the deadlines to file, and other requirements.
Note: Louisiana recently overhauled quite a bit of the state’s mechanics lien statute. These changes went into effect on January 1st, 2020.
Louisiana allows the following parties to file a mechanics lien:
Even parties that supply fuel for machinery have mechanics lien rights in Louisiana.
Out of luck however, are suppliers to suppliers; these parties do not have the right to lien in Louisiana.
Louisiana has extensive notice requirements for parties that wish to protect their payments with a mechanics lien. Different types of project participants will have to send different notices. At the end of the day, most project participants will have to send preliminary notice. Whether or not you’re required to send preliminary notice, it’s just a good idea to send notice at the start of every construction project.
In general, the deadline to file a Statement of Claim and Privilege in Louisiana is 60 days from the date of substantial completion. However, if the property owner files a Notice of Contract and/or Notice of Termination, the deadline can change for certain parties.
Note: Louisiana made some changes to the state’s mechanics lien laws that went into effect on January 1, 2020. Projects that were complete before that date will be subject to the laws in existence when the project ended.
If the General Contractor files a Notice of Contract, they must file a mechanics lien within 7 months following substantial completion.
The filing deadline is normally calculated from the date of substantial completion. However, if the property owner files a Notice of Termination, the mechanics lien filing deadline is calculated from the Notice of Termination filing.
On residential projects, parties can extend the deadline by sending a notice of intent to lien, known as a Final Notice of Non-Payment. Sending this notice extends the lien filing deadline by 10 days.
On projects where substantial completion or a Notice of Termination filing took place prior to January 1, 2020, the deadlines are slightly different. The general deadline to file a lien claim is still 60 days from substantial completion or abandonment of the project, unless a Notice of Contract and/or a Notice of Termination was filed.
Lien Cutoff Date for Project ending before 1/1/2020:
For all projects that concluded before January 1, 2020, the absolute cutoff to file a Louisiana mechanics lien will be as follows (and the old deadlines will still apply):
Licensing laws in Louisiana are unique. While it is not required that project participants are licensed, it is recommended. If project participants are unlicensed, the Louisiana State Licensing Board for Contractors may limit the money available to recover to the “minimum value” of work completed on the project.
While this was previously a requirement, Louisiana mechanics lien law has been amended and no longer requires the claimant to notarize their mechanics lien.
In our step-by-step guide, we will walk you through each step required to qualify for and file a Louisiana mechanics lien. This guide explains the notices you need to send, the information required on the Louisiana mechanics lien form, and essential tips about delivering it to the parish office for recording.
In Louisiana, a mechanics lien is known as a Statement of Claim and Privilege. The state law is strict about the information and formatting required on the form. Our forms were created by construction attorneys to meet the requirements outlined in Louisiana’s mechanics lien laws. We make it easy to get this part right.
Louisiana mechanics lien law is very strict about the details and information required on the lien form. Making a mistake on the lien form could invalidate your claim. All of the information must be 100% accurate, including the legal names of each party, the property description, and the claim amount. Review every detail carefully. The form must be signed by two witnesses, but Louisiana doesn’t require the mechanics lien form to be notarized.
The mechanics lien must be filed with the recorder of mortgages of the Louisiana parish where the property is located. View a list of all Louisiana parish offices.
In general, you have 60 days from substantial completion of a project to file a mechanics lien in Louisiana. However, this deadline be shortened if a Notice of Contract was filed before work began and/or a Notice of Termination is filed at the end of the project. Read the FAQs to learn more about how the deadline can change.
After recording a lien in Louisiana, claimants must serve a copy of the claim on the property owner. If you weren’t hired by the owner, you must also serve a copy on the prime contractor.
A Louisiana mechanics lien doesn’t last forever. If you are still unpaid, you must take action to foreclose on the lien within 1 year after filing.
If you get paid, it’s generally good practice to file a lien release to discharge your lien claim.
The provisions of the Louisiana statutes that permit the filing of mechanics liens and materialman’s liens can be found in Louisiana’s Private Works Act, Louisiana Code § 4801 et. seq. The full text of Louisiana’s Mechanics Lien Law is provided below. Updated as of May 2023.
The following persons have a privilege on an immovable to secure the following obligations of the owner arising out of a work on the immovable:
(1) Contractors, for the price of their work.
(2) Laborers or employees of the owner, for the price of work performed at the site of the immovable.
(3) Sellers, for the price of movables sold to the owner that become component parts of the immovable, or are consumed at the site of the immovable, or are consumed in machinery or equipment used at the site of the immovable.
(4) Lessors, for the rent of movables used at the site of the immovable and leased to the owner by written contract.
(5) Professional consultants engaged by the owner, and the professional subconsultants of those professional consultants, for the price of professional services rendered in connection with a work that is undertaken by the owner.
A. The following persons have a claim against the owner and a claim against the contractor to secure payment of the following obligations arising out of the performance of work under the contract:
(1) Subcontractors, for the price of their work.
(2) Laborers or employees of the contractor or a subcontractor, for the price of work performed at the site of the immovable.
(3) Sellers, for the price of movables sold to the contractor or a subcontractor that become component parts of the immovable, or are consumed at the site of the immovable, or are consumed in machinery or equipment used at the site of the immovable.
(4) Lessors, for the rent of movables used at the site of the immovable and leased to the contractor or a subcontractor by written contract.
(5) Professional consultants engaged by the contractor or a subcontractor, and the professional subconsultants of those professional consultants, for the price of professional services rendered in connection with a work that is undertaken by the contractor or subcontractor.
B. The claims against the owner under this Section shall be secured by a privilege on the immovable on which the work is performed.
C. The owner is relieved of the claims against him under this Section and the privileges securing them when the claims arise from the performance of a contract by a general contractor for whom a bond is given and maintained as required by R.S. 9:4812 and when notice of the contract with the bond attached is properly and timely filed as required by R.S. 9:4811.
D. Claims against the owner and the contractor granted by this Part are in addition to other contractual or legal rights the claimants may have for the payment of amounts owed them.
E. A claimant may assert his claim against either the contractor, his surety, or the owner without the joinder of the others. The claim shall not be subject to a plea of discussion or division.
F. A contractor shall indemnify the owner for claims against the owner arising from the work to be performed under the contract. A subcontractor shall indemnify the owner, the contractor, and any subcontractor from or through whom his rights are derived, for amounts paid by them for claims under this Part arising from work performed by the subcontractor. A contractor who pays the claims of other claimants arising from work performed under the contractor’s contract is legally subrogated to their contractual rights but may not assert by subrogation their claims against the owner arising under this Section or the privileges securing them. A subcontractor who pays the claims of other claimants arising from work performed on behalf of the subcontractor is legally subrogated to their contractual rights but may not assert by subrogation their claims against the owner or contractor arising under this Section or the privileges securing them.
G. Repealed by Acts 2019, No. 325, §3.
A. The privileges granted by R.S. 9:4801 and the claims granted by R.S. 9:4802 secure payment of:
(1) The principal amounts of the obligations described in R.S. 9:4801 and 4802(A), interest due thereon, and fees paid for filing the statement required by R.S. 9:4822.
(2) Expenses incurred by the claimant or other person having a privilege, for the cost of delivering movables that become component parts of the immovable, or are consumed at the site of the immovable, or are consumed in machinery or equipment used at the site of the immovable, if the amounts are owed by the owner, contractor, or subcontractor to the claimant or person having the privilege.
(3) Amounts owed under collective bargaining agreements with respect to a laborer’s or employee’s wages or other compensation for which a claim or privilege is granted and which are payable to other persons for vacation, health and welfare, pension, apprenticeship and training, supplemental unemployment benefits, and other fringe benefits considered as wages by the secretary of labor of the United States in determining prevailing wage rates, unless the immovable upon which the work is performed is designed or intended to be occupied primarily as a residence by four families or less. Trustees, trust funds, or other persons to whom the employer is to make such payments may assert and enforce claims for the amounts in the same manner and subject to the same procedures provided for other amounts due laborers or employees granted a claim or privilege under this Part.
B. Subject to the additional limitations of amount contained in R.S. 9:4804(B), the claim or privilege granted the lessor of a movable by R.S. 9:4801(4) or 4802(A)(4) is limited to and secures only that part of the rents accruing during the time the movable is located at the site of the immovable for use in a work. A movable shall be deemed not located at the site of the immovable for use in a work after the occurrence of any of the following:
(1) The work is substantially completed or abandoned.
(2) A notice of termination of the work is filed.
(3) The lessee has abandoned the movable, or use of the movable in a work is completed or no longer necessary, and the owner or contractor gives written notice to the lessor of abandonment or completion of use.
C. The privileges granted by R.S. 9:4801 and the claims and privileges granted by R.S. 9:4802 do not secure payment of attorney fees or other expenses of litigation.
D. When a professional consultant or professional subconsultant is a juridical person, claims and privileges under this Part arise in favor of that juridical person for amounts owed to it under this Section, and no claim or privilege arises under this Part in favor of any surveyor, engineer, architect, or other person that it employs.
A. To be entitled to a claim arising under R.S. 9:4801(5) or a claim under R.S. 9:4802(A)(5) and the privilege securing the claim, professional consultants and their professional subconsultants shall deliver written notice to the owner within thirty days after the date of being engaged in connection with the work. The notice shall include the name and address of the claimant, the name and address of the person who engaged the claimant, and the general nature of the work to be performed by the claimant. No notice is required under this Subsection by a person who is directly engaged by the owner.
(1) To be entitled to a claim arising under R.S. 9:4802(A)(4) and the privilege securing the claim, the lessor of movables shall deliver to the contractor, and also to the owner if notice of contract has been timely filed, a notice that the lessor has leased or intends to lease movables to a contractor or subcontractor for use in the work. The notice shall include the name and address of the lessor, the name and address of the lessee, and a general description of the movables. If the notice is delivered more than thirty days after movables leased by the lessor are first placed at the site of the immovable, the claim and privilege of the lessor shall be limited to rents accruing after the notice is given. No notice is required to be delivered under this Paragraph to a person who is a party to the lease.
(2) Within fifteen days after receipt of a request from the owner or contractor, the lessor having a claim and privilege under R.S. 9:4802(A)(4) shall provide the person making the request with a description sufficient to identify all movables that have been placed at the site of the immovable for use in the work. The lessor’s response need not identify movables which are no longer located at the site and for which no amounts are owed to the lessor. A lessor’s failure to give a timely and accurate response to a request made under this Paragraph shall extinguish the lessor’s claim and privilege under R.S. 9:4802(A)(4) to the extent of any damages suffered by the person making the request as a result of the failure or inaccuracy. A lessor shall not be required to respond to a request made by an owner or contractor under this Paragraph unless the lessor has previously given a notice under Paragraph (1) of this Subsection to the person making the request.
C. If notice of contract has been timely filed, the seller of a movable sold to a subcontractor shall deliver to the owner and contractor notice of nonpayment of the price of the movable no later than seventy-five days after the last day of the calendar month in which the movable was delivered to the subcontractor. The notice shall include the name and address of the seller, the name and address of the subcontractor, a description of the movable, and a statement of the unpaid balance of the price owed to the seller for the movable. A seller who does not deliver to both the owner and contractor notice of nonpayment of the price of a movable when required to do so under this Subsection shall not be entitled to a claim or privilege under this Part for the price of the movable.
D. Before any subcontractor having a contractual relationship with another subcontractor, but no direct contractual relationship with the contractor, shall have a right of action to enforce a claim under this Part against the contractor or surety on the bond furnished by the contractor, he must give notice to the contractorat least thirty days prior to the institution of an actionagainst the contractor, stating with substantial accuracy the amount claimed and the name of the other subcontractor for whom the labor or service was done or performed.
A. An owner, co-owner, naked owner, usufructuary, other holder of a servitude, possessor, lessee, or other person having the right to use or enjoy an immovable or having an interest therein shall be deemed to be an owner under this Part.
B. The claims against an owner granted by R.S. 9:4802 are limited to the owner or owners who have contracted with the contractor and to any owner or owners who have agreed in writing to the price and work of the contract made by another owner and have expressly agreed in writing to be liable for any claims granted by R.S. 9:4802. If more than one owner has contracted or expressly agreed in writing to be liable, each shall be solidarily liable for the claims.
C. A privilege granted by R.S. 9:4801 or 4802 affects only the interest in or on the immovable enjoyed by the owner whose obligation is secured by the privilege. If that owner is a lessee or holder of a servitude or otherwise derives his interest in or on the immovable from another person, the privilege is inferior and subject to all rights of, and obligations owed to, that other person.
D. The privileges granted by this Part upon a lessee’s rights in the lease or buildings and other constructions shall be inferior and subject to the right of the lessor to dissolve the lease for nonperformance of the lessee’s obligations, and to execute upon the lessee’s rights and sell them in satisfaction of the obligations free of the privileges under this Part. If a sale of the lease is made in execution of the claims of the lessor, the privileges under this Part attach to that portion of the sale proceeds remaining after satisfaction of the claims of the lessor.
E. The inclusion in a statement of claim or privilege of the name of an owner who is not responsible for the claim under Subsection B of this Section shall not give rise to liability on the part of that owner or create a privilege upon that owner’s interest in the immovable.
A. A contractor is one who contracts with an owner to perform all or a part of a work.
B. A general contractor is a contractor who either:
(1) Contracts to perform all or substantially all of a work.
(2) Is deemed to be a general contractor by R.S. 9:4808(B).
C. A subcontractor is one who, by contract made directly with a contractor, or by a contract that is one of a series of contracts emanating from a contractor, is bound to perform all or a part of a work contracted for by the contractor.
A. A work is a single continuous project for the improvement, construction, erection, reconstruction, modification, repair, demolition, or other physical change of an immovable located in this state or its component parts.
B. If written notice of a contract is properly filed within the time required by R.S. 9:4811, the work to be performed under the contract shall be deemed to be a work separate and distinct from other portions of the project undertaken by the owner. The contractor whose notice of contract is so filed shall be deemed a general contractor.
C. The clearing, leveling, grading, test piling, cutting or removal of trees and debris, placing of fill dirt, leveling of the land surface, demolition of existing structures, or performance of other work on land for or by an owner, in preparation for the construction or erection of a building or other construction thereon to be substantially or entirely built or erected by a contractor, shall be deemed a separate work to the extent the preparatory work is not a part of the contractor’s work. The privileges granted by this Part for the work described in this Subsection shall have no effect as to third persons acquiring rights in, to, or on the immovable before the statement of claim or privilege is filed.
D. This Part does not apply to:
(1) The drilling of any well or wells in search of oil, gas, or water, or other activities in connection with such a well or wells for which a privilege is granted by R.S. 9:4861 et seq.
(2) The construction or other work on the permanent bed and structures of a railroad for which a privilege is granted by R.S. 9:4901.
(3) Public works performed by the state or any state board or agency or political subdivision of the state.
A. A work is substantially completed when either of the following occurs:
(1) The last work is performed on, or materials are delivered to the site of the immovable or to that area with respect to which a notice of termination is filed under R.S. 9:4822(G).
(2) The owner accepts the improvement or possesses or occupies the immovable, or that area of the immovable with respect to which a notice of termination is filed, although minor or inconsequential matters remain to be finished or minor defects or errors in the work are to be remedied.
B. A work is abandoned by the owner if he terminates the work and notifies persons engaged in its performance that he no longer desires to continue it or he otherwise objectively and in good faith manifests the abandonment or discontinuance of the project.
For purposes of this Part:
(1) A “business day” is any day except for Saturdays, Sundays, and other days on which the office of the clerk of court is closed in accordance with R.S. 1:55(E) in the parish of location of the immovable upon which work is to be or has been performed.
(2) A “commercial courier” is any juridical person that has as its primary purpose the delivery of letters and parcels of any type.
(3) A “complete property description” of an immovable is any description that, if contained in a mortgage of the immovable properly filed for registry, would be sufficient for the mortgage to be effective as to third persons.
(4) An “immovable” is a thing that is classified by law as immovable, as well as any construction that is permanently attached to the ground and that would be classified by law as immovable if it belonged to the landowner.
(5) A “professional consultant” is a professional surveyor, professional engineer, or licensed architect who is engaged by the owner or by a contractor or subcontractor.
(6) A “professional subconsultant” is a professional surveyor, professional engineer, or licensed architect who is engaged by a professional consultant.
(7) A “qualified inspector” is a professional surveyor, a professional engineer, a licensed architect, a building inspector employed by the municipality or parish in which an immovable being inspected is located, or a building inspector employed by a lending institution chartered under federal or state law.
(8) A “residential work” is a work for the construction, improvement, reconstruction, modification, or repair of an immovable occupied or designed to be occupied as a single-family residence or double-family residence.
A. Written notice of a contract between a general contractor and an owner shall be filed as provided in R.S. 9:4831 before the contractor begins work, as defined by R.S. 9:4820, on the immovable. The notice:
(1) Shall be signed by the owner and contractor.
(2) Shall contain a complete property description of the immovable upon which the work is to be performed and the name, if any, of the project.
(3) Shall identify the parties and give their mailing addresses.
(4) Shall state the price of the work or, if no price is fixed, describe the method by which the price is to be calculated and give an estimate of it.
(5) Shall state when payment of the price is to be made.
(6) Shall describe in general terms the work to be done.
B. A notice of contract is not improperly filed because of an error in or omission from the notice in the absence of a showing of actual prejudice by a claimant or other person acquiring rights in the immovable. An error in or omission of the identity of the parties or their mailing addresses or the improper or insufficient description of the immovable shall be prima facie proof of actual prejudice.
C. A notice of contract is not improperly filed because a proper bond is not attached.
D. A general contractor shall not enjoy any privilege arising under this Part if the price of the work stipulated or reasonably estimated in his contract exceeds one hundred thousand dollars unless notice of the contract is timely filed. A general contractor who is deprived of his privilege by this Subsection shall not be entitled to file a statement of claim or privilege for any amounts due him.
E. Repealed by Acts 2019, No. 325, §3.
A. To be entitled to the benefits of the provisions of R.S. 9:4802(C), every owner shall require a general contractor to furnish and maintain a bond of a solvent, legal surety for the work to be performed under the contract. The bond shall be attached to the notice of the contract when it is filed. If the price of the work stipulated or reasonably estimated in the general contractor’s contract exceeds one hundred thousand dollars, the bond shall be issued by a surety company licensed to do business in this state.
B. The amount of the bond shall not be less than the price of the work stated or estimated in the notice of contract.
C. The condition of the bond shall be that the surety guarantees:
(1) To the owner and to all persons having a claim against the contractor, or to whom the contractor is conventionally liable for work done under the contract, the payment of their claims or of all amounts owed them arising out of the work performed under the contract to which it is attached or for which it is given.
(2) To the owner, the complete and timely performance of the contract unless such guarantee is expressly excluded by the terms of the bond.
D. The bond of a legal surety attached to and filed with the notice of contract of a general contractor shall be deemed to conform to the requirements of this part notwithstanding any provision of the bond to the contrary, but the surety shall not be bound for a sum in excess of the total amount expressed in the bond.
E. The bond given in compliance with this Part shall be deemed to include the following conditions:
(1) Extensions of time for the performance of the work shall not extinguish the obligation of the surety.
(2) No other amendment to the contract, or change or modification to the work, or impairment of the surety’s rights of subrogation made without the surety’s consent shall extinguish the obligations of the surety, but to the extent that the surety is materially prejudiced by the change or action, the surety shall be relieved of liability to the owner and shall be indemnified by the owner for any loss or damage suffered by the surety.
(3) A payment by the owner to the contractor before the time required by the contract shall not extinguish the obligation of the surety, but the surety shall be relieved of liability to the owner, and shall be indemnified by the owner for any loss or damage suffered by the surety.
A. The surety is liable without benefit of discussion or division.
B. If the total amount owed to persons to whom the surety is liable exceeds the total amount of the bond, the surety’s liability shall be discharged in the following order:
(1) First, and pro rata, to persons who preserve their claims in the manner required by R.S. 9:4822.
(2) Second, and in the order in which they present their obligations to the surety, to persons who do not preserve their claims as required by R.S. 9:4822 but to whom the contractor is otherwise liable.
(3) Third, to the owner.
C. The liability of the surety is not extinguished by a deficiency in the amount of the bond, the failure to attach the bond to the notice of contract, or the failure to file the notice as required by R.S. 9:4811.
D. An action shall not be brought against a surety, other than by the owner, before the expiration of the time specified by R.S. 9:4822 for claimants to file statements of their claims or privileges, unless a statement of the claim or privilege in the form required by R.S. 9:4822(H) is delivered to the surety at least thirty days prior to the institution of the action.
E. The surety’s liability, except as to the owner, is extinguished as to each person who fails to institute an action asserting his claims or rights against the owner, the contractor, or the surety no later than one year after the expiration of the time specified in R.S. 9:4822 for the person to file his statement of claim or privilege.
F. A surety who pays a person to whom the surety is liable is legally subrogated to the person’s contractual rights but may not assert by subrogation the person’s claims or privileges arising under this Part.
