Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Louisiana
Louisiana
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Louisiana Quick Overview
| Pursuant Code | La. Rev. Stat. Ann. §§ 9:4801 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| LA Statutory Relief | Full Price | |
| Lien Milestone Event | Overall project completion | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | Names of parties involved, property description, nature and amount of the claim, contract date or last date materials/services were provided. | |
| Prelien Minimum Notifications | Owner, Prime Contractor (as applicable) | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Louisiana by Role
Louisiana has complex lien rules under the Private Works Act. For contracts over $100,000, a Notice of Contract must be recorded before work begins. Subcontractors must give notice 30 days before filing suit, and material suppliers must give 75-day notice if a contract notice is recorded.
Mechanic's Liens in Louisiana
In Louisiana, a prime contractor must record a notice of contract for projects over $100,000 before work begins in order to preserve lien rights. For projects under that threshold or if no notice is filed, subcontractors and suppliers still have lien rights, but deadlines vary. Generally, a Statement of Claim must be filed within 60 days of a notice of termination, or within 7 months of substantial completion or abandonment if no notice is filed. Lawsuits must be filed within 1 year of the lien filing, and a notice of pendency is required to preserve enforceability.
Bond Claims in Louisiana
For public projects under the Louisiana Public Works Act, claimants must file sworn claims within 45 days of the filing of notice of acceptance of the work. Claims are typically made against the statutory payment bond. No preliminary notice is required, but the 45-day post-acceptance deadline is strictly enforced. Lawsuits on the bond must generally be filed within 1 year of the filing of notice of acceptance.
Construction Lien Waivers in Louisiana
Required Format: Louisiana does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Louisiana does not require waivers to be notarized.
Louisiana law allows parties to waive lien rights only after the work or materials have been provided. Advance waivers are generally unenforceable under the Private Works Act.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Louisiana parishes
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Parishes that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Louisiana
Frequently Asked Questions (FAQs) on Louisiana Lien Processes for Contractors
Do I need to send a preliminary notice to protect my lien rights in Louisiana?
On private projects over $100,000, a Notice of Contract must be recorded before work begins, typically by the general contractor. Subcontractors and suppliers should provide written notice of nonpayment or intent to lien as soon as possible to preserve rights.
What is the deadline to file a mechanics lien in Louisiana?
The lien must be filed within 60 days of the filing of a notice of termination, or if no notice is filed, within 7 months of substantial completion or abandonment of the work.
Who do I send notice to if I'm a supplier working under a subcontractor?
If a notice of contract has been recorded, suppliers must send a notice of nonpayment to both the property owner and general contractor within 75 days of the end of the month in which the materials were delivered.
Is there a minimum contract value that triggers additional notice requirements?
Yes. If the contract exceeds $100,000, a Notice of Contract must be recorded before the work begins for lien rights to be effective on private projects.
Are there different rules for public works projects in Louisiana?
Yes. For public projects, the Louisiana Public Works Act applies. A sworn claim must be filed within 45 days of notice of acceptance being recorded to claim against the project bond.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
