– 26 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Natural or artificial person who contracts, labors, furnishes material leases materials, or provides professional consultation services in connection with work on real property (includes architects, engineers, and surveyors). GRW Engineers, Inc. v. Elam, App. 2 Cir.1987, 504 So.2d 117, writ denied 506 So.2d 1230. La. R.S. 9:4801 La. R.S. 9:4802 DEADLINE TO PERFECT Deadline to file a statement of claim depends on whether a notice of contract was filed and the type of lien claimant: • If the contract or a notice of contract is recorded as required by La. R.S. 9:48111: • General Contractor and other persons having privity of contract with the owner of the land whose lien rights arise under La. R.S. 9:4801: (1) within 60 days after filing a notice of termination or (2) 7 months after substantial completion or abandonment of work if no notice of termination • Persons in privity of contract with the general contractor whose lien rights arise under La. R.S. 9:4802: (1) 30 days after filing notice of termination or (2) 6 months after substantial completion or abandonment of work if no notice of termination. • If there is no recorded contract or notice of contract: • General Contractor who is not required to record the contract under La. R.S. 9:4802 and all other claimants: 60 days after (1) filing a notice of termination or (2) substantial completion or abandonment of work if no termination filed. NOTE: For residential construction, certain claimants have 70 days to file a state of claim. La. R.S 9:4822 BROKEN PRIORITY Lender can create a conclusive presumption that its mortgage has priority over all mechanics and materialmen’s liens by causing an affidavit by a qualified inspector to the effect that he inspected the immovable at a specified time and work had not been commenced and materials had not been placed at the site provided that the inspection occurs and the affidavit is filed within 4 days before or 4 days after the recordation of the mortgage. Date of lien relates back to the earlier of: • Notice of contract filing under La. R.S. 9:4811 • Commencement of work by placing material at the site or visible work (architectural, engineering, certain prep work will not be considered). NOTE: Commencement of work relates back to the first work done with the exception of where a notice of contract was recorded or work was preliminary site work such as drafting plans, completing surveys, etc. These things will be considered separate projects. La. R.S. 9:4821 La. R.S. 9:4808 DURATION OF LIEN Action to enforce must be brought within 1 year of filing a statement of claim. La. R.S. 9:4823 CONTENTS OF LIEN (1) In writing; (2) signed by claimant or claimant’s representative; (3) reasonable identification of immovable for which labor performed / materials furnished; (4) amount and nature of obligation; and (5) identification of requesting and/or record owner. Strict compliance required and technical defects will defeat claim where notice does not adequately serve purpose. Buck Town Contractors & Co. v. K-Belle Consultants, LLC, 2015-1124 (La. App. 4 Cir. 4/6/16), 216 So. 3d 981, 984, writ denied, 2016-0831 (La. 9/6/16), 205 So. 3d 915 La. R.S. 9:4822 BY STATE MECHANIC’S LIEN LAWS LOUISIANA LOUISIANA
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