 |
|
|
- Louisiana is a FULL PRICE lien state
- Privileges (liens) on the real property and claims against the owner of the project are released when the general contractor furnishes a proper payment bond and, before work begins, records a Notice of Contract with the payment bond attached.
- A general (prime) contractor on a contract for more than $25,000 who fails to record a Notice of Contract before beginning work on the project loses his right to file a lien.
- A lessor of equipment must deliver a copy of the lease to the owner and to the contractor no later than ten (10) days after the equipment is placed at the project for work in order to preserve his claim.
- A first tier supplier of materials (one having a direct contractual relationship with the contractor or a subcontractor) must deliver a Notice of Non-Payment to the owner at least ten (10) days before filing a lien. The notice must be served by registered or certified mail, return receipt requested. There is no statutorily required form for the notice. However, it must contain the name and address of the supplier, a general description of the materials provided, a description sufficient to identify the property against which a lien may be claimed and a written statement of the seller’s (supplier’s) lien rights for the total amount owed, plus interest and recording fees.
- Under the Private Works Act, a lien claimant may not sue the project surety until after expiration of the thirty (30) or sixty (60) day lien period, unless the claimant has delivered a copy of the proper Statement of Claim or Privilege to the surety at least thirty (30) days before filing suit.
|
 |
|
|