§ 9:4822 — Preservation of claims and privileges

Louisiana § 9:4822

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

Text

§4822. Preservation of claims and privileges
A. Except as otherwise provided in Subsections B, C, and D of this Section, a person
granted a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:4802 shall file
a statement of his claim or privilege no later than sixty days after:
(1) The filing of a notice of termination of the work.
(2) The substantial completion or abandonment of the work, if a notice of
termination is not filed.
B. If a notice of contract is properly and timely filed in the manner provided by R.S.
9:4811, a person to whom a claim and privilege is granted by R.S. 9:4802 shall file a
statement of his claim or privilege and deliver to the owner, if his address is given in the
notice of contract, a copy of the statement of claim or privilege, no later than:
(1) Thirty days after the filing of a notice of termination of the work.
(2) Six months after the substantial completion or abandonment of the work, if a
notice of termination is not filed.
C. A general contractor to whom a privilege is granted by R.S. 9:4801, and whose
privilege has been preserved in the manner provided by R.S. 9:4811, shall file a statement
of his privilege no later than:
(1) Sixty days after the filing of a notice of termination of the work.
(2) Seven months after the substantial completion or abandonment of the work, if
a notice of termination is not filed.
D. If before expiration of the period provided in Subsection A of this Section and at
least ten days before filing his statement of claim or privilege a person granted a privilege
under R.S. 9:4801(3) or (4), or a claim and privilege under R.S. 9:4802, in connection with
a residential work for which a timely notice of contract was not filed gives notice of
nonpayment to the owner, setting forth the amount and nature of the obligation giving rise
to the claim and privilege, then the period in which the person is permitted to file his
statement of claim or privilege shall expire seventy days after:
(1) The filing of a notice of termination of the work.
(2) The substantial completion or abandonment of the work, if a notice of
termination is not filed.
E. A notice of termination of the work:
(1) Shall contain a complete property description of the immovable upon which the
work was performed and the work to which it relates. If the work is evidenced by notice of
a contract, reference to the notice of contract, together with its registry number or other
appropriate recordation information and the names of the parties as they appear in the notice
of contract, shall be deemed adequate identification of the work.
(2) Shall be signed by the owner who contracted with the contractor or by that
owner's representative. If the owner has transferred his rights in the immovable to another
person, the notice of termination of the work may instead be signed by the owner's successor
or his representative.
(3) Shall certify the occurrence of one or more of the following:
(a) The work has been substantially completed.
(b) The work has been abandoned by the owner.
(c) The general contractor is in default under the terms of the contract.
(d) The contract with the general contractor has terminated.
(4) Shall be conclusive for purposes of this Part of the matters certified if it is made
in good faith by the owner, his representative, or his successor.
F. If the work has been substantially completed or has been abandoned by the owner,
the owner shall file a notice of termination of the work no later than ten days after receipt of
a request for its filing from the general contractor. If the owner fails to do so, the general
contractor may institute a summary proceeding against him for a judgment decreeing that the
work has been substantially completed or has been abandoned by the owner. Provided that
the judgment contains the information required by Paragraph (E)(1) of this Section and
identifies the owner, it shall have the effect of a notice of termination of the work from the
time of its filing in the mortgage records.
G. A notice of termination may be filed from time to time with respect to a specified
area of an immovable. In that case, the time for preserving privileges or claims as specified
in Subsection A or B of this Section shall commence with the filing of the notice of
termination as to amounts owed and arising from the work done on that area of the
immovable described in the notice of termination. This notice shall contain a complete
property description of the specified area of the immovable and certify that the work
performed on that area is substantially completed or has been abandoned.
H. A statement of a claim or privilege:
(1) Shall be in writing.
(2) Shall be signed by the person asserting the same or his representative.
(3) Shall contain a reasonable identification of the immovable with respect to which
the work was performed or movables or services were supplied or rendered.
(4) Shall set forth the amount and nature of the obligation giving rise to the claim or
privilege and reasonably itemize the elements comprising it including the person for whom
or to whom the contract was performed, material supplied, or services rendered. The
provisions of this Paragraph shall not require a claimant to attach copies of unpaid invoices
unless the statement of claim or privilege specifically states that the invoices are attached.
(5) Shall identify the owner who is liable for the claim under R.S. 9:4806(B), but if
that owner's interest in the immovable does not appear of record, the statement of claim or
privilege may instead identify the person who appears of record to own the immovable.
I. A person granted a claim and privilege under R.S. 9:4802 may give to the owner
a notice expressly requesting the owner to notify that person of the substantial completion
or abandonment of the work or the filing of notice of termination of the work. The notice
shall state the person's mailing address and shall be given to the owner no later than:
(1) The filing of a notice of termination of the work.
(2) The substantial completion or abandonment of the work, if a notice of
termination is not filed.
J. If a person granted a claim and privilege under R.S. 9:4802 has given to an owner
a notice complying with Subsection I of this Section, the owner shall notify that person
within ten days after the substantial completion or abandonment of the work or the filing of
notice of termination of the work. If the owner does not do so and if the person fails to file
a statement of claim or privilege within the period provided by this Section, the failure shall
not extinguish the person's claim against the owner granted by R.S. 9:4802(A), and the claim
shall remain enforceable against the owner provided that an action for its enforcement is
brought no later than one year after the expiration of that period. Nevertheless, the privilege
arising in favor of the person under R.S. 9:4802(B) shall be extinguished by his failure to file
a timely statement of claim or privilege, regardless of whether the owner has failed to give
him notice when required under this Subsection.
NOTE: See Acts 2001, No. 1105, §2.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.

Legislative History

Acts 1988, No. 685, §1, eff. Jan. 1, 1989; Acts 1991, No. 1024, §1, eff. Jan. 1, 1992; Acts 2001, No. 1105, §1, eff. June 28, 2001; Acts 2003, No. 729, §1; Acts 2010, No. 601, §1; Acts 2013, No. 277, §1; Acts 2014, No. 791, §4; Acts 2019, No. 325, §1.