In the state of Louisiana, specific statutes and laws surround lien claims in the state. All persons involved in the construction industry in Louisiana should be aware of these important procedures and dates, which ensure contractors and suppliers receive compensation for their work or supplies.
If a contract value exceeds $25,000, written preliminary notice must be filed before commencement of work, including the signatures of both owner and primary contractor. For a claim of lien on project contract with value in excess of $25,000, statement of claim has to be filed within sixty (60) days following owner notice of termination filing. All contracts under the $25,000 threshold without preliminary notice require claim of lien statement to be filed within sixty (60) days of filing notice of termination or completion of work. For any contract in excess of $25, 000 without notice of contract, no available lien claim rights are offered to primary contractors. Any foreclosure action on lien claim and notice of lis pendens has to occur by one (1) year after the date of the end of the sixty (60) day notice of termination filing.
Preliminary notice for sub contractors should take the form of notice being filed by prime contractor before commencement of work. All contracts in excess of $25,000 in value with appropriate filing of notice of contract must have any statement of claim filed by thirty days after the project owner and contractor sign notice of acceptance. If no notice of contract is established, the sub contractor may make statement of claim within sixty (60) days of filing notice of termination or at point of completion of project. Any action to foreclose on claim of lien requires lis pendens filing and must begin before one (1) year lapses following the expiration of the filing of notice of termination period.
Preliminary notice should be offered in written form and filed by primary contractors before work begins on behalf of entire material supplier, sub contractor, and prime contractor. In the event of non-payment, notice must be sent to owner one hundred (100) days prior to filing lien. In the event a written contract is recorded, materials suppliers give notice to owner and prime contractor by end of seventy-five (75) days from last day of month of material delivery, or within the end of a thirty (30) or sixty (60) day period where applicable, or whichever occurs first.
Claim of lien actions by materials suppliers follows the same process as sub contractors, which includes the following timelines: