Louisiana Mechanic Lien Enforcement Deadlines

Private Works — 1-Year Suit Deadline (L.R.S. §9:4823)

Under Louisiana law, all claimants on private projects must file suit to enforce the Mechanic's Lien within 1 year of filing the mechanic lien (Statement of Claim). For subcontractors, the deadline is measured from the end of the mechanic lien filing period. L.R.S. §9:4823.

Failure to commence suit within the 1-year period will result in the expiration of the mechanic lien. The mechanic lien will no longer encumber the property, and the claimant will lose the security interest. Claimants should calendar the suit deadline immediately upon recording the Statement of Claim.

Private Works — Mandatory Payment Bond Claims

Louisiana requires mandatory payment bonds on certain private works projects. The minimum bond depends on a statutory schedule. Importantly, a mechanic lien must be filed in order to preserve rights against the surety on private projects.

If suit is brought prior to the owner's Notice of Completion or default, the claimant must send notice to the surety and wait 30 days before filing suit. Persons having a direct contractual relationship with the subcontractor must file a mechanic lien to preserve their rights against the bond.

Materialmen must provide a Written Notice of Claim to the contractor by certified mail, return receipt requested, within 30 days after the owner files the Notice of Termination. The Statement of Claim must be recorded within 30 days (if the prime contract was recorded) or 60 days (if not recorded) after the Notice of Termination.

Public Works — Payment Bond Claim (Title 38, Ch. 10, Part III)

Louisiana public works projects require a minimum payment bond of 50% of the contract amount under Title 38. The enforcement procedures differ based on claimant type:

Subcontractors must file a sworn statement of claim with the public authority and record it within 45 days of the Notice of Acceptance or Contractor Default. Materialmen to subcontractors must file a sworn statement with the public authority and the general contractor and record it within 75 days of the Notice of Acceptance or Contractor Default.

Public Works — Lessor and Non-Privity Claimant Requirements

Lessors on public works projects must file a sworn statement of claim with the public authority and record it within 45 days of the Notice of Acceptance or Contractor Default. If the lessor has no direct contractual relationship with the contractor, the lessor must also send a written Notice of Claim to the contractor within 45 days after the public authority files the Notice of Acceptance or Contractor Default.

All public works claimants without a direct contractual relationship with the contractor must send a written Notice of Claim to the contractor within 45 days of the Notice of Acceptance or Contractor Default.

Public Works — 1-Year Suit Deadline

On public works projects, all claimants must file suit within 1 year after the public authority files the Notice of Acceptance or of Contractor Default. This uniform suit deadline applies to subcontractors, materialmen, and lessors alike.

Louisiana also provides that while a traditional stop notice on unexpended funds is not available, a subcontractor may have a remedy to attach funds held by the public authority through a civil procedure device under Louisiana law. Claimants should consult with legal counsel regarding this alternative remedy.

Summary of Louisiana Enforcement Deadlines

The following deadlines apply to enforcement of Louisiana construction mechanic liens and bond claims:

• Private Works: File suit within 1 year of filing the Statement of Claim (L.R.S. §9:4823)
• Private Works Bond: Must file mechanic lien to preserve rights; notify surety and wait 30 days if suing before Notice of Completion
• Public Works — Subcontractors/Lessors: File sworn statement within 45 days of Notice of Acceptance or Contractor Default
• Public Works — Materialmen to Subcontractors: File sworn statement within 75 days of Notice of Acceptance or Contractor Default
• Public Works — All: File suit within 1 year of Notice of Acceptance or Contractor Default