How long do I have to file a statement of claim or privilege?

The general period is no later than sixty days after the substantial completion or abandonment of the work if a notice of termination is not filed. A general contractor whose privilege has been preserved under R.S. 9:4811 has seven months after substantial completion or abandonment when no notice of termination is filed.

How long do I have to enforce the privilege or claim?

A privilege or claim is extinguished if the claimant or holder does not institute an action against the owner for the enforcement of the claim or privilege within one year after filing the statement of claim or privilege to preserve it.

Are residential projects treated differently?

For a residential work for which a timely notice of contract was not filed, a person who gives notice of nonpayment to the owner may file his statement of claim or privilege until seventy days after the substantial completion or abandonment of the work if a notice of termination is not filed.

Mechanics Lien Deadlines in Louisiana

Louisiana's Private Works Act grants a privilege on an immovable and sets deadlines to file a statement of claim or privilege and to bring an action to enforce it.

By Savallio Editorial

In Louisiana, construction lien rights arise under the Private Works Act in the Louisiana Revised Statutes. The Act uses the terms privilege and statement of claim or privilege rather than the word lien. It identifies the persons who are granted a privilege on an immovable or a claim against the owner and contractor, describes the written notice of a contract that a general contractor and owner may file, sets the periods within which a person must file a statement of claim or privilege, and states when a privilege or claim is extinguished if an action to enforce it is not brought in time. The periods to file depend on whether a notice of contract was filed, whether the claimant is a general contractor, and whether the work is residential.

Filing and enforcing a mechanics lien in Louisiana

Subcontractors have a claim against the owner and a claim against the contractor to secure payment of obligations arising out of the performance of work under the contract. ¹

A person granted a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:4802 must file a statement of his claim or privilege no later than sixty days after the substantial completion or abandonment of the work if a notice of termination is not filed. ²

A general contractor whose privilege has been preserved as provided by R.S. 9:4811 must file a statement of his privilege no later than seven months after the substantial completion or abandonment of the work if a notice of termination is not filed. ³

For a residential work for which a timely notice of contract was not filed, a person who gives notice of nonpayment to the owner has until seventy days after the substantial completion or abandonment of the work, if a notice of termination is not filed, to file his statement of claim or privilege. ⁴

Sources

Subcontractors have a claim against the owner and a claim against the contractor to secure payment of obligations arising out of the performance of work under the contract.
La. R.S. 9:4802La. R.S. 9:4802 - Improvement of immovable by contractor; claims against the owner and contractor; privileges securing the improvementVerified 8.4.26↑
A person granted a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:4802 must file a statement of his claim or privilege no later than sixty days after the substantial completion or abandonment of the work if a notice of termination is not filed.
La. R.S. 9:4822La. R.S. 9:4822 - Preservation of claims and privilegesVerified 8.4.26↑
A general contractor whose privilege has been preserved in the manner provided by R.S. 9:4811 must file a statement of his privilege no later than seven months after the substantial completion or abandonment of the work if a notice of termination is not filed.
La. R.S. 9:4822La. R.S. 9:4822 - Preservation of claims and privilegesVerified 8.4.26↑
In connection with a residential work for which a timely notice of contract was not filed, a person who gives notice of nonpayment to the owner may file his statement of claim or privilege until seventy days after the substantial completion or abandonment of the work if a notice of termination is not filed.
La. R.S. 9:4822La. R.S. 9:4822 - Preservation of claims and privilegesVerified 8.4.26↑

Frequently asked questions

Does Louisiana use the word lien?: The Private Works Act uses the terms privilege and statement of claim or privilege. A person granted a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:4802 must file a statement of his claim or privilege to preserve it.
How long do I have to file a statement of claim or privilege?: The general period is no later than sixty days after the substantial completion or abandonment of the work if a notice of termination is not filed. A general contractor whose privilege has been preserved under R.S. 9:4811 has seven months after substantial completion or abandonment when no notice of termination is filed.
How long do I have to enforce the privilege or claim?: A privilege or claim is extinguished if the claimant or holder does not institute an action against the owner for the enforcement of the claim or privilege within one year after filing the statement of claim or privilege to preserve it.
Are residential projects treated differently?: For a residential work for which a timely notice of contract was not filed, a person who gives notice of nonpayment to the owner may file his statement of claim or privilege until seventy days after the substantial completion or abandonment of the work if a notice of termination is not filed.

Last reviewed 8.4.26

This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.