Mechanics liens

Louisiana mechanics lien law and deadlines

Louisiana calls a mechanics lien a privilege under the Private Works Act (La. R.S. 9:4801 and following). Most claimants must file a statement of claim within 30 or 60 days after the owner files a notice of termination, then sue within one year.

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Louisiana does not use the phrase mechanics lien in its statute. The Private Works Act gives contractors, subs, suppliers, equipment lessors, and professional consultants a privilege on the immovable (the land and building) where the work was done. The clock that matters most is the notice of termination: once the owner records it, most claimants have 30 or 60 days to file a statement of claim or privilege. Miss that, and the privilege is gone.

Louisiana Private Works Act deadlines at a glance (La. R.S. 9:4811, 9:4822, 9:4823)
StepWhoDeadline
Notice of contractGeneral contractor, contracts over $100,000Filed before work begins
Statement of claim (general rule)Persons under 9:4801 and 9:480260 days after notice of termination, or 60 days after substantial completion or abandonment if none is filed
Statement of claim (notice of contract filed)Subs, suppliers, lessors, laborers under 9:480230 days after notice of termination, or 6 months after substantial completion or abandonment if none is filed
Statement of claim (preserved GC privilege)General contractor under 9:481160 days after notice of termination, or 7 months after substantial completion or abandonment
Residential work, no notice of contractListed claimants70 days after notice of termination or substantial completion, plus a notice of nonpayment at least 10 days before filing
Suit to enforceAll claimantsWithin 1 year after filing the statement of claim

Who has lien rights in Louisiana

The Act splits claimants into two groups. Under R.S. 9:4801, people hired directly by the owner hold a privilege: contractors, the owner's own laborers, sellers of movables sold to the owner that become part of the building or are consumed at the site, lessors of movables leased to the owner under a written contract, and professional consultants the owner engaged (plus their subconsultants).

Under R.S. 9:4802, people working under the contractor get a claim against both the owner and the contractor, secured by a privilege on the property. That group covers subcontractors, laborers and employees of the contractor or a sub, sellers of materials sold to the contractor or a sub, lessors of equipment leased to them under a written contract, and professional consultants hired by the contractor or a sub. Architects and engineers fit as professional consultants when they are engaged by someone in the chain.

Notice of contract and the bond that shifts the risk

On any contract with a price over $100,000, the general contractor must file a notice of contract before work begins. A GC that skips it loses its own privilege and cannot file a statement of claim for amounts due. If the notice of contract is filed with a proper bond under R.S. 9:4812, the owner is relieved of the 9:4802 claims and the subs look to the contractor and its surety instead. That is the Louisiana version of bonding off a job before it starts.

Louisiana has no general preliminary notice requirement that every sub and supplier must serve at the start of a private job. The 2019 Legislature repealed R.S. 9:4802(G), the old notice-of-nonpayment rule for material sellers (Acts 2019, No. 325). What remains is the residential notice of nonpayment described below, plus an optional tool: a 9:4802 claimant can send the owner a written request to be told when the work is complete, abandoned, or terminated. If the owner fails to respond within 10 days of that event and the claimant misses the filing window, the claim against the owner survives if suit is brought within one year after the deadline expired.

Filing the statement of claim or privilege

File with the recorder of mortgages in the parish where the property sits. The statement must be in writing and signed, reasonably identify the property, state the amount and nature of the obligation, reasonably itemize it, and name the owner. When a notice of contract lists the owner's address, a 9:4802 claimant must also deliver a copy of the statement to the owner within the same window.

Example: a drywall sub on a $640,000 restaurant build-out is owed $38,000. The GC filed a notice of contract with a bond. The owner records a notice of termination on March 3. Under R.S. 9:4822(B), the sub has 30 days, not 60, to file and deliver its statement. Many subs lose rights here because they are counting from their own last day on site instead of from the owner's filing.

Enforcing the privilege

Under R.S. 9:4823, the privilege is extinguished if the claimant does not file suit against the owner within one year after filing the statement of claim or privilege. It also ends if the owner or contractor files a bond under R.S. 9:4835 to release it. A filed statement does not collect anything on its own, so put the one-year date on the calendar the day you record.

Residential and owner-occupied work

R.S. 9:4822(D) adds a step for residential work where no notice of contract was timely filed. Before the filing period runs out, and at least 10 days before filing the statement, the claimant must give the owner a written notice of nonpayment stating the amount and nature of the obligation. In exchange, the filing window stretches to 70 days after the notice of termination or after substantial completion or abandonment. Remodelers and trade subs on homes should treat that 10-day notice as mandatory.

Lien waivers in Louisiana

The Private Works Act sections reviewed here do not prescribe a statutory lien waiver form, so waivers on Louisiana private jobs are contract documents. Read each one for what it actually releases: through a date, a specific payment, or everything. Use a conditional lien waiver until funds clear, and keep a log so the final waiver goes out only against the final check.

Public projects use payment bonds

You cannot place a privilege on public property. Under La. R.S. 38:2241, public contracts over $25,000 per project require a payment bond of at least 50 percent of the contract price, recorded with the contract no later than 30 days after work begins. Under R.S. 38:2242, a claimant files a sworn statement with the public entity and records it with the parish recorder of mortgages within 45 days after the entity records acceptance of the work or after notice of default. Unpaid material suppliers on recorded contracts also have a 75-day notice of nonpayment rule in 38:2242(F).

The statute copies reviewed for this page are current as of January 1, 2023, the latest available when checked; confirm the text on the Louisiana Legislature's site before relying on a deadline. Louisiana contractors also deal with state licensing and public wage rules. See the Louisiana contractor license guide, Louisiana prevailing wage, and Louisiana prompt payment rules. To keep the 30-day and one-year dates from slipping, construction accounts receivable automation in Smart Business Automator ties lien deadlines to each unpaid invoice.

Frequently asked questions

How long do I have to file a lien in Louisiana?

It depends on your role and whether a notice of contract was filed. The general rule is 60 days after the owner files a notice of termination. Subs and suppliers on a job with a filed notice of contract have 30 days. If no notice of termination is filed, the period runs from substantial completion or abandonment.

Does Louisiana require a preliminary notice?

Not as a general rule on private jobs. The old notice-of-nonpayment rule for material sellers in R.S. 9:4802(G) was repealed effective January 1, 2020. Residential claimants without a filed notice of contract must send a notice of nonpayment at least 10 days before filing.

Where do I file a Louisiana statement of claim?

With the recorder of mortgages for the parish where the property is located.

How long does a Louisiana lien last?

The privilege is extinguished unless suit is filed against the owner within one year after the statement of claim or privilege is filed.

Can I lien a public school or parish building?

No. Public work is covered by the payment bond under La. R.S. 38:2241, and claims follow the 45-day sworn statement process in R.S. 38:2242.

Sources

  1. La. R.S. 9:4822, statement of claim or privilege (FindLaw statute text, current as of January 1, 2023)
  2. La. R.S. 9:4801, privilege of persons contracting with the owner (FindLaw statute text)
  3. La. R.S. 9:4802, claims of subcontractors, suppliers and lessors (FindLaw statute text)
  4. La. R.S. 9:4811, notice of contract (FindLaw statute text)
  5. La. R.S. 9:4823, extinguishment of claims and privileges (FindLaw statute text)
  6. La. R.S. 9:4831, filing in the mortgage records (FindLaw statute text)
  7. La. R.S. 38:2241, public works bonds (FindLaw statute text)
  8. La. R.S. 38:2242, public works claims (FindLaw statute text)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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