§ 38:2247 — Construction of Part

§2247. Construction of Part
A. Nothing in this Part shall be construed to deprive any claimant, as defined
in this Part and who has complied with the notice and recordation requirements of
R.S. 38:2242(B), of his right of action on the bond furnished pursuant to this Part,
provided that the action must be brought against the surety or the contractor or both
within one year from the registry of acceptance of the work or of notice of default of
the contractor, except that before any claimant having a direct contractual
relationship with a subcontractor but no contractual relationship with the contractor
shall have a right of action against the contractor or the surety on the bond furnished
by the contractor, the claimant shall, in addition to the notice and recordation
required in R.S. 38:2242(B), give written notice to the contractor within forty-five
days from the recordation of the notice of acceptance by the owner of the work or
notice by the owner of default, stating with substantial accuracy the amount claimed
and the name of the party to whom the material was furnished or supplied or for
whom the labor or service was done or performed. The notice shall be served by
mailing the same by registered or certified mail, postage prepaid, in an envelope
addressed to the contractor at any place that the contractor maintains an office in the
state of Louisiana. Except as provided in Subsection B of this Section, nothing in this
Part shall be construed to preclude a surety who has furnished such a bond from
asserting any defense to the principal obligation that its principal could assert except
lack of capacity or discharge in bankruptcy of the principal obligor.
B. The surety shall be obligated and required to issue payment to a
materialman for claims by a materialman under the following conditions:
(1) The claim is for material delivered in conformity with material
specifications provided in the order for such material.
(2) No sooner than forty-five days after delivery of the material, the
materialman sends a notice of nonpayment to the general contractor, the surety, and
the owner.
(3) A materialman has not been paid in full on or before ninety days after
delivery of the material.
C. If the requirements of Subsection B of this Section are satisfied, the surety
shall pay the materialman within ten days after the materialman sends a payment
notice to the surety.
D. The claim of a materialman and right to payment as provided in
Subsection B of this Section is in addition to and not in derogation of any other
rights, claims, or remedies available to a materialman in this Part.
E. Any notice required under this Section shall be served by mailing the same
by registered or certified mail, postage prepaid, in an envelope addressed to the last
known address of the general contractor, the surety, and the owner. The return receipt
indicating that registered mail or certified mail was properly addressed to the last
known address of the general contractor, the surety, and the owner and deposited in
the United States mail regardless of whether the registered or certified mail was
actually delivered, refused, or unclaimed satisfies the notice provision of this Section.

Legislative History

Amended by Acts 1960, No. 117, §1; Acts 1962, No. 16, §1; Acts 1985, No. 244, §1; Acts 2024, No. 761, §1, eff. June 19, 2024.