2011 Louisiana Laws
Revised Statutes
TITLE 48 — Roads, bridges and ferries
RS 48:256.8 — Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants
§256.8. Petitions by authorities against claimants, contractors, and surety; preferential payment of claimants
A. If at the expiration of the forty-five days any filed and recorded claims are unpaid, the department shall file a petition in the proper court of the parish where the work was done, citing all claimants and the contractor, subcontractor, and surety on the bond and asserting whatever claims it has against any of them, and shall require the claimants to assert their claims. If the department fails to file the proceeding any claimant may do so.
B. All the claims shall be tried in a concursus proceeding and the claims of the claimants shall be paid in preference to the claims of the department.
C. All suits for judgment against the contractor or the surety or both on the bond shall be filed as prescribed in this Section.
Acts 1997, No. 1112, §1, eff. July 14, 1997.
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