2021 Louisiana Laws
Revised Statutes
Title 9 - Civil Code-Ancillaries
§4822. Preservation of claims and privileges

RS 4822 - Preservation of claims and privileges

A. Except as otherwise provided in Subsections B, C, and D of this Section, a person granted a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:4802 shall file a statement of his claim or privilege no later than sixty days after:

(1) The filing of a notice of termination of the work.

(2) The substantial completion or abandonment of the work, if a notice of termination is not filed.

B. If a notice of contract is properly and timely filed in the manner provided by R.S. 9:4811, a person to whom a claim and privilege is granted by R.S. 9:4802 shall file a statement of his claim or privilege and deliver to the owner, if his address is given in the notice of contract, a copy of the statement of claim or privilege, no later than:

(1) Thirty days after the filing of a notice of termination of the work.

(2) Six months after the substantial completion or abandonment of the work, if a notice of termination is not filed.

C. A general contractor to whom a privilege is granted by R.S. 9:4801, and whose privilege has been preserved in the manner provided by R.S. 9:4811, shall file a statement of his privilege no later than:

(1) Sixty days after the filing of a notice of termination of the work.

(2) Seven months after the substantial completion or abandonment of the work, if a notice of termination is not filed.

D. If before expiration of the period provided in Subsection A of this Section and at least ten days before filing his statement of claim or privilege a person granted a privilege under R.S. 9:4801(3) or (4), or a claim and privilege under R.S. 9:4802, in connection with a residential work for which a timely notice of contract was not filed gives notice of nonpayment to the owner, setting forth the amount and nature of the obligation giving rise to the claim and privilege, then the period in which the person is permitted to file his statement of claim or privilege shall expire seventy days after:

(1) The filing of a notice of termination of the work.

(2) The substantial completion or abandonment of the work, if a notice of termination is not filed.

E. A notice of termination of the work:

(1) Shall contain a complete property description of the immovable upon which the work was performed and the work to which it relates. If the work is evidenced by notice of a contract, reference to the notice of contract, together with its registry number or other appropriate recordation information and the names of the parties as they appear in the notice of contract, shall be deemed adequate identification of the work.

(2) Shall be signed by the owner who contracted with the contractor or by that owner's representative. If the owner has transferred his rights in the immovable to another person, the notice of termination of the work may instead be signed by the owner's successor or his representative.

(3) Shall certify the occurrence of one or more of the following:

(a) The work has been substantially completed.

(b) The work has been abandoned by the owner.

(c) The general contractor is in default under the terms of the contract.

(d) The contract with the general contractor has terminated.

(4) Shall be conclusive for purposes of this Part of the matters certified if it is made in good faith by the owner, his representative, or his successor.

F. If the work has been substantially completed or has been abandoned by the owner, the owner shall file a notice of termination of the work no later than ten days after receipt of a request for its filing from the general contractor. If the owner fails to do so, the general contractor may institute a summary proceeding against him for a judgment decreeing that the work has been substantially completed or has been abandoned by the owner. Provided that the judgment contains the information required by Paragraph (E)(1) of this Section and identifies the owner, it shall have the effect of a notice of termination of the work from the time of its filing in the mortgage records.

G. A notice of termination may be filed from time to time with respect to a specified area of an immovable. In that case, the time for preserving privileges or claims as specified in Subsection A or B of this Section shall commence with the filing of the notice of termination as to amounts owed and arising from the work done on that area of the immovable described in the notice of termination. This notice shall contain a complete property description of the specified area of the immovable and certify that the work performed on that area is substantially completed or has been abandoned.

H. A statement of a claim or privilege:

(1) Shall be in writing.

(2) Shall be signed by the person asserting the same or his representative.

(3) Shall contain a reasonable identification of the immovable with respect to which the work was performed or movables or services were supplied or rendered.

(4) Shall set forth the amount and nature of the obligation giving rise to the claim or privilege and reasonably itemize the elements comprising it including the person for whom or to whom the contract was performed, material supplied, or services rendered. The provisions of this Paragraph shall not require a claimant to attach copies of unpaid invoices unless the statement of claim or privilege specifically states that the invoices are attached.

(5) Shall identify the owner who is liable for the claim under R.S. 9:4806(B), but if that owner's interest in the immovable does not appear of record, the statement of claim or privilege may instead identify the person who appears of record to own the immovable.

I. A person granted a claim and privilege under R.S. 9:4802 may give to the owner a notice expressly requesting the owner to notify that person of the substantial completion or abandonment of the work or the filing of notice of termination of the work. The notice shall state the person's mailing address and shall be given to the owner no later than:

(1) The filing of a notice of termination of the work.

(2) The substantial completion or abandonment of the work, if a notice of termination is not filed.

J. If a person granted a claim and privilege under R.S. 9:4802 has given to an owner a notice complying with Subsection I of this Section, the owner shall notify that person within ten days after the substantial completion or abandonment of the work or the filing of notice of termination of the work. If the owner does not do so and if the person fails to file a statement of claim or privilege within the period provided by this Section, the failure shall not extinguish the person's claim against the owner granted by R.S. 9:4802(A), and the claim shall remain enforceable against the owner provided that an action for its enforcement is brought no later than one year after the expiration of that period. Nevertheless, the privilege arising in favor of the person under R.S. 9:4802(B) shall be extinguished by his failure to file a timely statement of claim or privilege, regardless of whether the owner has failed to give him notice when required under this Subsection.

Acts 1988, No. 685, §1, eff. Jan. 1, 1989; Acts 1991, No. 1024, §1, eff. Jan. 1, 1992; Acts 2001, No. 1105, §1, eff. June 28, 2001; Acts 2003, No. 729, §1; Acts 2010, No. 601, §1; Acts 2013, No. 277, §1; Acts 2014, No. 791, §4; Acts 2019, No. 325, §1.

NOTE: See Acts 2001, No. 1105, §2.

NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.