The Louisiana Private Works Act gives provisions to laborers, material suppliers, subcontractors, and others who have not received payment for services rendered or materials provided in a construction project. Essentially, it allows workers to file a lien against the property on which construction is taking place in order to force contractors and owners to provide payment. If the owner or contractor refuses to pay, the lien can be enforced, causing part or all of the property to be sold. The funds will then be given to the unpaid workers.
However, recent revisions to this code introduce strict guidelines for workers who are pursuing liens against construction owners and contractors. The La R.S. § 9:4822, Extinguishment of Claims and Privileges, says that workers’ liens may be refused under certain circumstances. This legislative update relates to claims against both owners and contractors of private construction projects.
Under the updated Louisiana law, workers’ lien claims may be denied if:
- The worker does not preserve the claim properly
- The worker does not file the claim properly
- The worker waits longer than one year to enforce the claim
Furthermore, if the obligation that the lien is filed for is fulfilled, the lien will be extinguished. This means that if the contractor or owner agrees to pay what you are due, the lien will no longer be in effect. The lien will also be extinguished if the owner or contractor files a bond.
These updates make it important for workers who are filing a lien to understand their options and speak with experienced construction litigation attorneys. Our firm has guided numerous clients to successful solutions. We can analyze your options, help you file the correct paperwork, and represent you as you seek fair payment for your services and materials.
How to Properly & Accurately File a Lien Under the Louisiana Private Works Act
In order for your claim to be considered valid in Louisiana courts, you must follow several guidelines. First of all, you must make sure the lien claim is in writing and is signed. Furthermore, the claim must include a description of the amount and type of obligation you are owed. This relates to the main reason you are filing the claim. You must provide detailed itemized elements, but you do not necessarily need to attach unpaid invoices to the form.
In the itemized description of your claim, you must include information about:
- The specific materials supplied for the construction project
- Who you worked for, or for whom your contract was performed
- The nature of the services you provided
In addition, you must provide a description of the immovable (the piece of land or property) where the work was performed or where the services and materials were provided. This information must include the subdivision, lot number, and square. By following these technical requirements and thoroughly filling out the lien form, you can pursue the payment you deserve for your construction services.
KNOWLEDGEABLE REPRESENTATION FOR CLIENTS IN CONSTRUCTION LITIGATION CASES
At Scott Vicknair, LLC we have guided numerous clients to successful outcomes. Our New Orleans construction litigation attorneys can build your case and help you seek compensation for your labor. We know you are going through a stressful and frustrating time.
That is why our legal team can tenaciously represent your case in court. We believe that contractors and owners have a responsibility to provide fair and timely payment for services and materials provided for construction projects. Whatever your situation, our lawyers can provide personal assistance every step of the way.