Construction Liens in Louisiana
Contents
Overview
Sources
La. Rev. Stat. Ann. §§ 9:4801 et seq.
Authorized Claimants
The following persons have a privilege on an immovable to secure the following obligations of the owner arising out of a work on the immovable: (1) Contractors, for the price of their work. (2) Laborers or employees of the owner, for the price of work performed at the site of the immovable (5) Registered or certified surveyors or engineers, or licensed architects, or their professional sub-consultants, employed by the owner, for the price of professional services rendered in connection with a work that is undertaken by the owner. (LA Rev. Stat. §4801)
Lien Priority
The "privileges" confered upon mechanic's lien claimants pursuant to the provisions of granted in R.S. 9:4901 and 9:4802 have priiority over all matters, except ad valorem taxes and local assessments for public improvements, bur include bona fide mortgaes or vendor's privileges that are in effect as to third persons before the priviliges granted to mechanic's lien claimants are effective. A Construction loan mortgagee has priority over mechanic's lien claimants if the construction loan mortgage is filed before or within four business days of the filing of the lien affidavit. (LA Rev. Stat. §4821) This part is parphrased for clarity.
Notices and Registries
Filing Deadlines
Notwithstanding the other provisions of this Part, the time for filing a statement of claim or privilege to preserve the privilege granted by R.S. 9:4801(5) expires sixty days (may be 30 days under certain circumstances) after the latter of: (a) The filing of a notice for termination of the work that the services giving rise to the privilege were rendered; or, ((b) The substantial completion or abandonment of the work if a notice of termination is not filed. This privilege shall have no effect as to third persons acquiring rights in, to, or on the immovable before the statement of claim or privilege is filed. (LA Rev. Stat. §4822)
Enforcement Deadlines
The effect of filing for recordation of a statement of claim or privilege and the privilege preserved by it shall cease as to third persons unless a notice of pendency of action in accordance with Article 3752 of the Code of Civil Procedure, identifying the suit required to be filed by R.S. 9:4823 is filed within one year after the date of filing the statement of claim or privilege. (LA Rev. Stat. §4833)
