§ 9:4804 — Notices required of certain claimants

Louisiana § 9:4804

• Jurisdiction: Louisiana
• Title 9: Civil Code-Ancillaries

Text

§4804. Notices required of certain claimants
A. To be entitled to a claim arising under R.S. 9:4801(5) or a claim under R.S.
9:4802(A)(5) and the privilege securing the claim, professional consultants and their
professional subconsultants shall deliver written notice to the owner within thirty days after
the date of being engaged in connection with the work. The notice shall include the name
and address of the claimant, the name and address of the person who engaged the claimant,
and the general nature of the work to be performed by the claimant. No notice is required
under this Subsection by a person who is directly engaged by the owner.
B.(1) To be entitled to a claim arising under R.S. 9:4802(A)(4) and the privilege
securing the claim, the lessor of movables shall deliver to the contractor, and also to the
owner if notice of contract has been timely filed, a notice that the lessor has leased or intends
to lease movables to a contractor or subcontractor for use in the work. The notice shall
include the name and address of the lessor, the name and address of the lessee, and a general
description of the movables. If the notice is delivered more than thirty days after movables
leased by the lessor are first placed at the site of the immovable, the claim and privilege of
the lessor shall be limited to rents accruing after the notice is given. No notice is required to
be delivered under this Paragraph to a person who is a party to the lease.
(2) Within fifteen days after receipt of a request from the owner or contractor, the
lessor having a claim and privilege under R.S. 9:4802(A)(4) shall provide the person making
the request with a description sufficient to identify all movables that have been placed at the
site of the immovable for use in the work. The lessor's response need not identify movables
which are no longer located at the site and for which no amounts are owed to the lessor. A
lessor's failure to give a timely and accurate response to a request made under this Paragraph
shall extinguish the lessor's claim and privilege under R.S. 9:4802(A)(4) to the extent of any
damages suffered by the person making the request as a result of the failure or inaccuracy.
A lessor shall not be required to respond to a request made by an owner or contractor under
this Paragraph unless the lessor has previously given a notice under Paragraph (1) of this
Subsection to the person making the request.
C. If notice of contract has been timely filed, the seller of a movable sold to a
subcontractor shall deliver to the owner and contractor notice of nonpayment of the price of
the movable no later than seventy-five days after the last day of the calendar month in which
the movable was delivered to the subcontractor. The notice shall include the name and
address of the seller, the name and address of the subcontractor, a description of the movable,
and a statement of the unpaid balance of the price owed to the seller for the movable. A
seller who does not deliver to both the owner and contractor notice of nonpayment of the
price of a movable when required to do so under this Subsection shall not be entitled to a
claim or privilege under this Part for the price of the movable.
D. Before any subcontractor having a contractual relationship with another
subcontractor, but no direct contractual relationship with the contractor, shall have a right
of action to enforce a claim under this Part against the contractor or surety on the bond
furnished by the contractor, he must give notice to the contractor at least thirty days prior
to the institution of an action against the contractor, stating with substantial accuracy the
amount claimed and the name of the other subcontractor for whom the labor or service was
done or performed.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.

Legislative History

Acts 2019, No. 325, §1.