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Louisiana
Louisiana
Louisiana
Louisiana
Louisiana
Louisiana has traditionally been considered one of the few states that has a Notice of Intent to Lien requirement due to it’s Notice of Nonpayment requirements. However, after recent amendments to Louisiana’s mechanics lien laws, the Louisiana “Final Notice of Nonpayment” requirements leave the state with an optional, “best practices” version of a Notice of Intent.
Still, for jobs that were begun before January 1, 2020, the old notice rules will apply. Meaning, material suppliers will need to send a Notice of Nonpayment at least 10 days before they file their lien claims.
For jobs beginning on or after January 1, 2020, the new notice rules apply. Meaning, some parties will be able to send a Final Notice of Nonpayment at least 10 days prior to the lien deadline – and doing so will extend the deadline by 10 days.
Since some rules will apply for one job, but other rules may apply for another – we’ll look at both sides of the coin on this page. And, note that sending the document via an online platform can make life easier when complying with confusing requirements.
Regardless of what’s technically “required,” keep in mind that a Notice of Intent to Lien can be a powerful recovery tool in and of itself. Because a mechanics lien can be such a frightening prospect to property owners and other top of chain parties, knowing that a lien may be filed soon could be enough to get paid.
No one is specifically required to send an NOI, but notice could extend your lien deadline on residential jobs.
For residential jobs where there is no Notice of Contract, all suppliers and equipment rental companies can extend their lien deadline by 10 days if they send a Notice of Intent to Lien (called a “Final Notice of Nonpayment”) at least 10 days before their lien deadline. The same is true for anyone who’s hired by someone other than the property owner – like subcontractors, specialty contractors, etc.
<Projects that began prior to 1/1/20>
Sometimes.
Material suppliers must send a Notice of Intent to Lien (called a “Notice of Nonpayment”) at least 10 days before filing their lien claim.
Anyone sending a Final Notice of Nonpayment must send their notice at least 10 days before their lien deadline. Otherwise, the notice won’t work to extend the deadline.
<Projects that began prior to 1/1/20>
Material suppliers must send a Notice of Intent to Lien Notice of Nonpayment at least 10 days before filing a mechanics lien.
A Final Notice of Nonpayment must be sent to the property owner.
Still, it might also be a good idea to send the document to the GC as well as any other higher-tiered parties. The more people aware of the payment issue, the more pressure there will be on the customer to make payment.
<Projects that began prior to 1/1/20>
A Notice of Nonpayment must be sent to the property owner when hired by the owner or the GC. When hired by someone other than an owner or GC, notice should be sent to both the owner and the GC.
Under LA R.S. 9:4801, the only required information is a statement “setting forth the amount and nature of the obligation giving rise to the claim and privilege.”
Thus, an LA Notice of Nonpayment should contain the following information:
• Owner’s name and address;
• Claimant’s name and address;
• Description of the labor and/or materials provided;
• Property description; &
• The amount claimed.
→ Download a free Louisiana Notice of Intent to Lien (Final Notice of Nonpayment) form here
A Louisiana Final Notice of Nonpayment must be sent certified or registered mail.
<Projects that began prior to 1/1/20>
A Notice of Nonpayment must be sent registered or certified mail with return receipt requested.
A Final Notice of Nonpayment isn’t required. But, if a claimant wishes to send one and to extend their lien deadline by doing so, then the notice must be sent on time – at least 10 days before the lien deadline.
<Projects that began prior to 1/1/20>
A material supplier’s failure to send a Notice of Nonpayment will be fatal to a lien claim.
No.
The Louisiana Notice of Intent to Lien requirements are found in the state’s Private Works Act. The Louisiana Public Works Act doesn’t create a Notice of Intent Requirement.
However, keep in mind that sending a Notice of Intent on a public job can be helpful to recover payment, even if it isn’t necessarily required.
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Compliant with Louisiana statutes and applicable for jobs in any Louisiana county.
Fill out the form to download your free Louisiana Notice of Intent Form. You can fill out the form with a PDF editor, or by...
Louisiana’s mechanics lien statute got a facelift on January 1, 2020, changing many of the state’s notice requirements. The Notice of Intent to Lien requirements (known in Louisiana as a “Final Notice of Nonpayment”) changed quite a bit.
Those changes, unfortunately, can’t cleanly be separated from the rest of the statute. You can find the relevant portion below but click here to read R.S.§ 4822 in its entirety.
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 privilege or claim 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.