Babcock Law Firm- Construction

Construction FAQs

Does Louisiana law require any notice or filing prior to the performance of the work?
A general (prime) contractor on a contract for more than $25,000 must record a Notice of Contract before beginning work on a project in order to protect his right to file a lien. The filing of a Notice of Contract, with an appropriate statutory bond attached, protects the owner of the project from the claims of subcontractors, laborers, and suppliers. For public projects, there is no requirement of filing notice before beginning work, but the contractor must furnish a statutorily required bond, which must be recorded in the parish where the work is to be done within thirty (30) days after the work begins.

What is the timeframe for filing a claim of lien?
On private projects where a Notice of Contract was timely filed, a subcontractor's or supplier's Statement of Claim or Privilege (lien) must be filed within thirty (30) days after the filing of a Notice of Termination. If, however, a Notice of Contract was not timely filed, the lien period is extended to sixty (60) days from filing of a Notice of Termination, or, if one is not filed, sixty (60) days from substantial completion or abandonment by the owner. There are no liens against public property, but a claimant under the Public Works Act (for example, subcontractors, laborers, and suppliers) may file a sworn statement of its claim within forty-five (45) days of recordation of acceptance of the work or notice of default.

Does Louisiana law impose special requirements or limitations on lower tier subcontractors or suppliers?
Yes. Persons having a direct contractual relationship with a subcontractor, but not with the prime or general contractor, must give written notice of their claims by Certified Mail within thirty (30) days from recordation of Notice of Termination of work.

If the time for me to file a mechanic's lien has passed, or I have lost my lien rights, can I still recover the balance of my contract price?
Yes. You may maintain an action for breach of contract for failure to pay pursuant to the contract. The breach of contract action is not surrendered simply because your right to lien has expired.

If I do not have a written contract, can I still recover the amount that I am owed on a job?
Yes. The equitable doctrine of unjust enrichment allow a person who has rendered valuable services or provided goods on a project to recover the reasonable value of those goods and services.