§4820. Privileges; effective date
A. Except as otherwise provided in this Part, the privileges granted by this Part arise
and are effective as to third persons when the earlier of the following occurs:
(1)Notice of the contract is filed as required by R.S. 9:4811.
(2)The work is begun by placing materials at the site of the immovable to be used
in the work or conducting other work at the site of the immovable the effect of which is
visible from a simple inspection and reasonably indicates that the work has begun. For these
purposes, the "site of the immovable" is defined as the area within the boundaries of the
property. In determining when work has begun, services rendered by a professional
consultant, professional subconsultant, or other surveyor, architect, or engineer, or the
placing
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§4820. Privileges; effective date
A. Except as otherwise provided in this Part, the privileges granted by this Part arise
and are effective as to third persons when the earlier of the following occurs:
(1) Notice of the contract is filed as required by R.S. 9:4811.
(2) The work is begun by placing materials at the site of the immovable to be used
in the work or conducting other work at the site of the immovable the effect of which is
visible from a simple inspection and reasonably indicates that the work has begun. For these
purposes, the "site of the immovable" is defined as the area within the boundaries of the
property. In determining when work has begun, services rendered by a professional
consultant, professional subconsultant, or other surveyor, architect, or engineer, or the
placing of materials having an aggregate price of less than one hundred dollars on the
immovable, driving of test piling, cutting or removal of trees and debris, placing of fill dirt,
demolition of existing structures, and clearing, grading, or leveling of the land surface shall
not be considered.
B.(1) If work for which notice of contract was not filed as required by R.S. 9:4811
is for the addition, modification, or repair of an existing building or other construction, the
suspension of the work for thirty days or more shall cause that part of the work performed
before the suspension to be considered, for the purposes of ranking privileges arising under
this Part against the rights of third persons, a separate work from the work performed
thereafter. A work is suspended if the cost of the work done, in labor and materials, is less
than one hundred dollars during a period of thirty days or more.
(2) A privilege arising under this Part with respect to work performed before the
suspension, other than a privilege arising under R.S. 9:4801(2) or a privilege securing a claim
arising under R.S. 9:4802(A)(2), retains its priority under R.S. 9:4821 over the rights of third
persons acquired prior to the resumption of work only if the claimant having the privilege
files a statement of claim or privilege no later than sixty days after the commencement of the
suspension.
C. A person acquiring or intending to acquire a mortgage, privilege, or other right
in or on an immovable may conclusively rely upon an affidavit made by a qualified inspector
to the effect that he inspected the immovable at a specified time and work had not then been
commenced nor materials placed at its site, provided the inspection occurs, and the affidavit
is filed, within four business days before or within four business days after the filing of the
mortgage, privilege, or other document creating the right. Insofar as the rights of the person
to whom or for whom the affidavit is given are concerned, the facts recited in the affidavit
shall be deemed to be true at the time of the inspection and to remain true at the time of the
filing of the mortgage, privilege, or other document, and the correctness of those facts may
not be controverted to affect the priority of the rights of the person to whom or for whom it
is given, unless actual fraud by such person is proved. A person who gives a false affidavit
shall be responsible for any loss or damage suffered by any person whose rights are adversely
affected.
D. Notwithstanding the other provisions of this Part, the privileges granted upon an
immovable by R.S. 9:4801(5) and those securing a claim arising under R.S. 9:4802(A)(5)
shall have no effect as to third persons acquiring rights in, to, or on the immovable before
the statement of claim or privilege is filed.
E. If, following cancellation of a notice of contract in accordance with R.S.
9:4832(C), another notice of contract is filed, the date of the later filing shall be the date of
filing of notice of contract for purposes of this Section.
{{NOTE: SEE ACTS 1988, NO. 999, §1.}}
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.