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Louisiana Lien & Bond Claim Deadlines

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What is your role on the project?
Preliminary Notice
Before work begins

Notice of Contract

A Notice of Contract must be filed by a general contractor in Louisiana before work begins if the contract price exceeds $100,000. If the general contractor does not file this request they forfeit lien rights on the residential project.

Lien
Generally, 70 days from termination

Lien

The timeline on a lien depends on if a Notice of Contract and/or a Notice of Termination was filed by the general contractor in Louisiana on the residential job. On residential projects with no Notice of Contract the timeline is 70 days from the Notice of Termination. If there is no Notice of Termination, then the timeline is 70 days from substantial completion of the project. If a Notice of Contract was filed, the timeline is 60 days after the Notice of Termination. However, with the Notice of Contract and without the Notice of Termination you have 7 months from substantial completion to file a lien.

Preliminary Notice
Recommended not required

Preliminary Notice

Although it is not a legal requirement to send a Preliminary Notice as a subcontractor in Louisiana for residential projects, it is best practice to do so. Sending a Preliminary Notice advises all parties that you are working on the project and helps you get paid faster.

Lien
Generally, 70 days from termination

Lien

The timeline on a lien depends on if a Notice of Contract and/or a Notice of Termination was filed by the subcontractor on the Louisiana residential project. On residential projects with no Notice of Contract the timeline is 70 days from the Notice of Termination. If there is no Notice of Termination, then the timeline is 70 days from substantial completion of the project. If a Notice of Contract was filed, the timeline is 30 days after the Notice of Termination. However, with the Notice of Contract and without the Notice of Termination you have 6 months from substantial completion to file a Lien.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a Preliminary Notice in Louisiana for residential projects, it is best practice to do so. Sending a Preliminary Notice advises all parties that you are working on the project and helps you get paid faster as a supplier

Intent to Lien
Monthly, within 75 days

Notice of Non-Payment Suppliers only

A Notice of Nonpayment for suppliers must be filed within 75 days of the last day of the month work was performed or materials were supplied to the Louisiana residential job. The wording of this law can be extremely confusing, so it is helpful to think of it in actual dates. For example, if you provided supplies any time in the month of June the deadline countdown starts on June 30th, and 75 days from June 30th is September 13th. September 13th is the last day you can send your Notice of Non-Payment. If you furnish additional materials in July, you must send an additional notice with the timeframe being 75 days from July 31st and so on for every month of work.

Lien
60 days from termination

Lien

The timeline on a lien depends on if a Notice of Contract and/or a Notice of Termination was filed by the supplier. On residential projects with no Notice of Contract in Louisiana, the timeline is 70 days from the Notice of Termination. If there is no Notice of Termination, then the timeline is 70 days from substantial completion of the project. If a Notice of Contract was filed, the timeline is 30 days after the Notice of Termination. However, with the Notice of Contract and without the Notice of Termination you have 6 months from substantial completion to file a Lien.

What is your role on the project?
Preliminary Notice
Before work begins

Notice of Contract

A Notice of Contract must be filed by a General Contractor before work begins if the contract price exceeds $100,000. If the General Contractor does not file this request, they forfeit lien rights on the commercial project in Louisiana.

Lien
Generally, 60 days from termination

Lien

The timeline on a lien depends on if a Notice of Contract and/or a Notice of Termination was filed. On Commercial projects in Louisiana with no Notice of Contract, the timeline for general contractors is 60 days from the Notice of Termination. If there is no Notice of Termination, then the timeline is 60 days from substantial completion of the project. If a Notice of Contract was filed the timeline is still 60 days after the Notice of Termination. However, with the Notice of Contract and without the Notice of Termination you have 7 months from substantial completion to file a Lien.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement for subcontractors to send a Preliminary Notice in Louisiana for commercial projects, it is best practice to do so. Sending a Preliminary Notice advises all parties that you are working on the project and helps you get paid faster.

Lien
Generally, 60 days from termination

Lien

The timeline on a lien depends on if a Notice of Contract was filed. On commercial projects in Louisiana, if a Notice of Contract was filed, then the lien must be filed by the subcontractor within 60 days from substantial completion. If the Notice of Contract was NOT filed, then the lien is due 6 months from substantial completion. Be aware that if a Notice of Termination has been filed, the lien deadline is reduced from 60 days to 30 days from substantial completion. Lien rights do not expire if a Notice of Termination was not filed.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a Preliminary Notice as a supplier in Louisiana, it is best practice to do so. Sending a Preliminary Notice advises all parties that you are working on the commercial project and helps you get paid faster.

Intent to Lien
Monthly, within 75 days

Notice of Non-Payment (Suppliers Only)

A Notice of Nonpayment for suppliers must be sent within 75 days of the last day of the month work was performed, or materials were supplied. The wording of this law can be extremely confusing, so it is helpful to think of it in actual dates. For example, if you provided supplies any time in the month of June, the deadline countdown starts on June 30th. 75 days from June 30th is September 13th. September 13th is the last day you can send your Notice of Non-Payment. If you furnish additional materials in July, you must send an additional notice with the timeframe being 75 days from July 31st and so on for every month of work.

Lien
60 days from termination

Lien

The timeline on a lien depends on if a Notice of Contract was filed. On commercial projects, if a Notice of Contract was filed, then the lien must be filed within 60 days from substantial completion. If the Notice of Contract was NOT filed, then the lien is due 6 months from substantial completion. Be aware that if a Notice of Termination has been filed, the lien deadline is reduced from 60 days to 30 days from substantial completion. Lien rights do not expire if a Notice of Termination was not filed.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Monthly, within 75 days

Notice of Non-Payment (For Lien Upon Funds)

A Notice of Non-Payment on public projects must be filed within 75 days of the last day of the month work was performed or materials were supplied. This notice is given when you do not have a direct contract with the general contractor as a subcontractor and intend to send a Lien Upon Funds for a state project. The wording of this law often causes confusion, so it is helpful to think of it in actual dates. For example, if you provided supplies any time in the month of June the deadline countdown starts on June 30th. 75 days from June 30th is September 13th. September 13th is the last day you can send your Notice of Non-Payment. If you also do work in July, you must send an additional notice with the timeframe being 75 days from July 31st and so on for every month of work.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a Preliminary Notice, it is best practice to do so as a subcontractor on a state job in Louisiana. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
45 days from completion

Claim on Bond

A Claim on Bond must be filed by the subcontractor within 45 days from the substantial completion of the state project in Louisiana.

Lien Upon Funds
45 days from completion

Sworn Statement of Amount Due

There is no statutory timeframe in which to have this statement recorded but case law has determined it should be recorded by the subcontractor within 45 days of substantial completion of the state project in Louisiana. The Sworn Statement of Amount due is commonly called a Lien Upon Funds and is recorded after the Notice of Non-Payment.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a Preliminary Notice, it is best practice to do so. A supplier sending a Preliminary Notice advises all parties that they are working on the state project in Louisiana and helps them get paid faster.

Preliminary Notice
Monthly, within 75 days

Notice of Non-Payment (For Lien Upon Funds)

A Notice of Non-Payment on public projects must be filed within 75 days of the last day of the month work was performed or materials were supplied in Louisiana. This notice is given when you, the supplier, do not have a direct contract with the General Contractor and intend to send a Lien Upon Funds. The wording of this law often causes confusion, so it is helpful to think of it in actual dates. For example, if you provided supplies any time in the month of June the deadline countdown starts on June 30th. 75 days from June 30th is September 13th. September 13th is the last day you can send your Notice of Non-Payment. If you also do work in July, you must send an additional notice with the timeframe being 75 days from July 31st and so on for every month of work.

Preliminary Notice
Monthly, within 75 days

Notice of Non-Payment

A Notice of Non-Payment for suppliers must be filed within 75 days of the last day of the month work was performed or materials were supplied to the state project in Louisiana. The wording of this law can be extremely confusing, so it is helpful to think of it in actual dates. For example, if you provided supplies any time in the month of June the deadline countdown starts on June 30th. 75 days from June 30th is September 13th. September 13th is the last day you can send your Notice of Non-Payment. If you furnish additional materials in July, you must send an additional notice with the timeframe being 75 days from July 31st and so on for every month of work.

Lien Upon Funds
45 days from last furnishing

Sworn Statement of Amount Due

There is no statutory timeframe in which to have this statement recorded but case law has determined it should be recorded within 45 days of substantial completion of the Louisiana state project by the supplier. The Sworn Statement of Amount due is commonly called a Lien Upon Funds and is recorded after the Notice of Non-Payment.

Claim on Bond
45 days from last furnishing

Claim on Bond

Suppliers must send a Claim on Bond within 45 days from the substantial completion of the state project.

What is your role on the project?
Statutory Documents are not required for General Contractors
Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice for federal projects, it is best practice for subcontractors to do so. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice needs to be sent by subcontractors in 90 days from last furnishing of labor and/or materials to the federal project.

Preliminary Notice
Recommended but not required

Preliminary Notice

Although it is not a legal requirement to send a preliminary notice, it is best practice to do so for federal projects. Sending a preliminary notice advises all parties that you are working on the project and helps you get paid faster.

Claim on Bond
90 days from last furnishing

Miller Act Notice

A Miller Act Notice is required to be sent by the supplier 90 days from last furnishing of labor and/or materials to the federal project.

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Louisiana Lien Law Articles

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