§4832. Cancellation of notice of contract
A. The recorder of mortgages shall cancel from his records a notice of contract upon
written request of any person made more than thirty days after the filing of a notice of
termination of work performed under the contract if both of the following conditions are
satisfied:
(1)A statement of claim or privilege with respect to the work was not filed before
expiration of the thirty day period.
(2)The request contains or has attached to it the written concurrence of the
contractor or a written receipt from the contractor acknowledging payment in full of all
amounts due under the contract.
B. If the request for cancellation of a notice of contract does not contain or is not
accompanied by the written concurrence or receipt of the contractor, but a sta
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§4832. Cancellation of notice of contract
A. The recorder of mortgages shall cancel from his records a notice of contract upon
written request of any person made more than thirty days after the filing of a notice of
termination of work performed under the contract if both of the following conditions are
satisfied:
(1) A statement of claim or privilege with respect to the work was not filed before
expiration of the thirty day period.
(2) The request contains or has attached to it the written concurrence of the
contractor or a written receipt from the contractor acknowledging payment in full of all
amounts due under the contract.
B. If the request for cancellation of a notice of contract does not contain or is not
accompanied by the written concurrence or receipt of the contractor, but a statement of claim
or privilege was not filed before expiration of the thirty day period, the recorder of mortgages
shall cancel the notice of contract as to all claims and privileges except that of the contractor.
The recorder of mortgages shall completely cancel the notice of contract from his records
upon written request of any person if either of the following conditions is satisfied:
(1) The request is made more than sixty days after the filing of the notice of
termination and the contractor did not file a statement of his claim or privilege before
expiration of the sixty day period.
(2) The request contains or is accompanied by the written concurrence of or a written
receipt from the contractor acknowledging payment in full of all amounts due under the
contract.
C. The recorder of mortgages shall immediately cancel a notice of contract if both
of the following occur:
(1) A request for cancellation of notice of contract signed by the owner and
contractor is filed.
(2) Within four business days after the filing of the request for cancellation, an
affidavit made by a qualified inspector is filed to the effect that he inspected the immovable
at a specified time subsequent to the filing of the request for cancellation and that work had
not then begun, as the beginning of work is defined by R.S. 9:4820.
D. A notice of contract cancelled in accordance with Subsection C of this Section
shall have no effect.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.