Louisiana
Who Can Claim: Louisiana is generally a “non-notice” state , there are still requirements for the notices that do exist. Persons have a privilege on an immovable to secure the following obligations of the owner arising out of a work on the immovable. Contractors under direct contract with owner.
Subcontractors, including subcontractors not directly contracted to the prime contractor, mechanics, materialmen and laborers. Subcontractors of any tier have a claim against the owner and general contractor, as well as material suppliers and equipment rental, Registered architects, land surveyors and professional engineer, except where the general contractor has given and maintained a bond for the project, and has properly and timely filed the bond and the contract, then the owner is relieved from personal liability.
Suppliers to suppliers do not have a claim.
Required Notice and Timing: Direct contractors must record a Notice of Contract before commencement of work in the parish if estimated cost is over $25,000 or there is no privilege. A Notice of Lien Rights may be also required on Owner Occupied Residential. Suppliers must send a Notice of Non-Payment within 75 days of the last day of EACH month supplied to the property owner and Prime. Notice of lease within 30 days placed on the job site to the prime, if notice of contract is filed, then also to the owner. Design Professional Notice: within 30 days of being hired by the property owner. Notice to owner obligation can be sent to the owner thus requiring to notify the claimant within 10 days of completion.
Lien Filing: All tiers must file a Claim of Lien in the office of the Clerk of Superior Court in the county in which the property is located within 60 days after either you have completed your work or the last date you furnished materials if no contract was filed or a notice of Termination was filed. Serve a recorded copy of Notice of Lien to the owner by registered or certified mail. for Residential at least ten days before filing a statement of claim and lien , a Final Notice of Non-Payment must be sent when no contract is filed.
if a Contract was filed, Direct Contractors within 7 months to file notice of lien, unless a Notice of Termination is filed, then 60 days from that filing date. All other Claimants, 6 months to file notice of lien, unless a Notice of Termination is filed, then 30 days from that filing date.
Lawsuit Filing: Contractors under direct contract with owner must initiate a lawsuit to enforce a mechanics lien within 1 year starting after 60 days after the completion of the work or the filing of the Notice of Completion.. All lien claimants without a direct contract with the property owner must initiate an action to enforce their lien within 1 year starting after 60 days after the completion or 30 days from the Notice of Completion.Best practice is to enforce within 1 year of your lien filing.
Public/Federal Work:. Subcontractors are not required to send notice on public projects in order to make a claim against the provided payment bond. However, you may send a preliminary notice for visibility. Suppliers and equipment lessors must provide notice on public projects. Equipment rental are required to notice 10 days after the movables are on jobsite. Suppliers send a notice of nonpayment within 75 days from the last day of each month.Notice is sent to Prime and public entities.
Lawsuit Filing: Claimants not under direct contract with the contractor must give the contractor written Sworn Statement of Claim within 45 days of project completion.