In Louisiana, under the Louisiana Private Works Act (La. R.S. 9:4801, et seq.), subcontractors, suppliers, and other entities that provided services, goods, equipment, or labor on private construction projects may obtain a privilege or security right against the property at issue for their claim and may, in certain circumstances, be able to file suit and have the property seized and sold to recover their claim amount. Although a public building can’t be seized, Louisiana law grants entities and/or people that provide services, goods, or equipment to a public works project certain rights under Louisiana’s Public Works Act (La. R.S. 38:2241, et seq.). In many instances, statutory payment bonds may come into play and claimants may have a right to recover their claim from a surety.
Both Louisiana’s Private Works Act and Public Works Act contain a variety of notice and recordation requirements and many of these requirements are different for claimants depending on the nature of the claimant and whether the project is public or private. And, the law treats these claims strictly, meaning if the letter of the law is not followed with these requirements than the claimant may not be able to recover its claim. As such, if you are an entity seeking to file a statement of claim on a public project or a lien on a private project it may be beneficial to seek legal counsel in advance. Likewise, sureties, owners, and contractors should seek legal advice when defending such claims as many times claimants fail to follow all the legal requirements to maintain their lien rights.
The construction attorneys at Shields | Mott have a combined decades of experience in the area of lien law and have successfully represented contractors, sureties, and others on such throughout this time. In addition, the attorneys at Shields | Mott write and lecture extensively on the area of lien law in Louisiana presenting numerous seminars and webinars every year to keep construction industry professionals updated on both the statutory changes and important court decisions that effect this very important area of Louisiana construction law. Please see our listing of lectures and writings elsewhere on this website.