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Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in Louisiana

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Louisiana

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.

Prime/ Original / General Contractors (GCs): Private/Commercial: Prime contractors typically preserve lien rights by recording the Notice of Contract for qualifying private projects before work begins.

Subcontractors/Trade Partners (Subs): Private/Commercial: Subcontractors generally should provide notice of nonpayment and meet statutory filing timelines, including notice and filing windows tied to project completion events.

Second-tier Subcontractors: Private/Commercial: Lower-tier subs should follow the same notice and timing rules applicable under the Louisiana Private Works Act, including any project-recorded contract requirements.

Lower-tier Subcontractors: Private/Commercial: Lower-tier subcontractors should send required notices and file claims within the statutory periods to avoid losing rights.

Material Suppliers: Private/Commercial: If a Notice of Contract is recorded, suppliers must provide required notice (often within 75 days) to preserve rights.

Equipment Lessors: Private/Commercial: Equipment lessors may qualify as claimants under Louisiana law but should comply with applicable notice and filing requirements for their tier.

Second-tier Material Suppliers: Private/Commercial: Second-tier suppliers should evaluate notice and filing triggers carefully, including owner/contractor notice where required.

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.

Assessors’ websites in Louisiana parishes

Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—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

Check out this ‘X’ list for Louisiana created by Prelien Pro!

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.

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