General Contractors — 60 Days After Notice of Termination (L.R.S. §9:4822(B))
Under Louisiana law, general contractors must record a Statement of Claim (mechanic lien) within 60 days of the Notice of Termination or substantial completion of the project, whichever is applicable. The Statement of Claim must be recorded in the mortgage records of the parish where the property is located.
The Notice of Termination is a formal notice filed by the property owner indicating that the work under the contract has been completed or terminated. This filing triggers the mechanic lien filing deadline for all claimants. General contractors must monitor the filing of the Notice of Termination to ensure timely recording of their Statement of Claim. L.R.S. §9:4822(B).
Subcontractors — Deadlines Depend on Whether Prime Contract Was Recorded
If the prime contract was properly recorded: Subcontractors must record a Statement of Claim within 30 days after the Notice of Termination is filed. L.R.S. §9:4822(A). This is a tight deadline that requires prompt action once the Notice of Termination is recorded.
If the prime contract was NOT properly recorded: Subcontractors must record a Statement of Claim within 60 days after the owner files the Notice of Termination, substantial completion, or abandonment. If no Notice of Termination is filed, the subcontractor's filing deadline runs from substantial completion or abandonment. L.R.S. §9:4822(c).
Residential Materialmen — 70 Days After Notice of Termination
Residential material suppliers must record a Statement of Claim within 70 days of the Notice of Termination or substantial completion. This provides residential materialmen with the longest filing window among the claimant types.
Materialmen not in privity with the general contractor must also provide a Notice of Claim to the general contractor within 30 days from recording of the Notice of Termination under L.R.S. §9:4822(J).
Commercial Materialmen — 30 or 60 Days Based on Recorded Contract
If the prime contract was properly recorded: Commercial materialmen must record a Statement of Claim within 30 days after the Notice of Termination or substantial completion. They must also comply with the 10-Day Notice of Non-payment requirement and may file a Request for Notices.
If the prime contract was NOT properly recorded: Commercial materialmen must record within 60 days after the owner files the Notice of Termination, substantial completion, or abandonment. The 10-Day Notice of Non-payment to the owner must be served on or before 75 days of the last day of the month in which material was delivered, or within the statutory mechanic lien period, whichever comes first. R.S. §9:4802(G).
Lessors (Equipment Rental) — 30 or 60 Days Based on Recorded Contract
If the prime contract was properly recorded: Lessors must record a Statement of Claim within 30 days after the Notice of Termination or substantial completion.
If the prime contract was NOT properly recorded: Lessors must record within 60 days after the owner files the Notice of Termination, substantial completion, or abandonment. Lessors must also have complied with the Notice of Lease requirement (to owner and contractor within 10 days of first equipment placement) as a prerequisite to mechanic lien rights.
Importance of the Notice of Termination
The Notice of Termination is the central triggering event in Louisiana's mechanic lien system. Unlike most states where the deadline runs from 'last furnishing,' Louisiana's deadlines are tied to the filing of the Notice of Termination or substantial completion by the owner. This means the owner controls the timeline by deciding when to file the Notice of Termination.
Because of this, it is critically important for subcontractors, materialmen, and lessors to file a Request for Notices with the owner. This ensures they receive notice within 3 days of the owner filing a Notice of Termination, giving them the maximum time to prepare and record their Statement of Claim.
Frequently Asked Questions
What is the deadline to file a mechanic lien in Louisiana for general contractors?
General contractors must record a Statement of Claim within 60 days of the Notice of Termination or substantial completion under L.R.S. §9:4822(B). On commercial projects over $25,000, the Notice of Contract must have been properly recorded before work began.
What is the deadline for subcontractors to file a mechanic lien in Louisiana?
If the prime contract was recorded: 30 days after the Notice of Termination (L.R.S. §9:4822(A)). If the prime contract was not recorded: 60 days after the owner files the Notice of Termination, substantial completion, or abandonment (L.R.S. §9:4822(c)).
What triggers the mechanic lien filing deadline in Louisiana?
The Notice of Termination filed by the property owner is the primary triggering event. Unlike most states that measure from 'last furnishing,' Louisiana's deadlines run from the date the owner files the Notice of Termination or the date of substantial completion or abandonment.
Does it matter whether the prime contract was recorded in Louisiana?
Yes, it is critical. If the prime contract was properly recorded, subcontractors, materialmen, and lessors have only 30 days to file after the Notice of Termination. If the prime contract was not recorded, they have 60 days. This distinction determines the available filing window.
What is the deadline for residential materialmen to file a mechanic lien in Louisiana?
Residential material suppliers must record a Statement of Claim within 70 days of the Notice of Termination or substantial completion. Materialmen not in privity with the general contractor must also provide a Notice of Claim to the GC within 30 days of the Notice of Termination.
Related Louisiana Resources
Explore other critical compliance areas for Louisiana construction mechanic lien law.
Notice Requirements
Notice of Contract for commercial projects, Notice of Mechanic Lien Rights for residential, Request for Notices, Notice of Non-payment, and lessor notice obligations
Mechanic Lien Enforcement Deadlines
1-year suit deadline, public works payment bond claims under Title 38, sworn statement of claim procedures, and enforcement timelines
Louisiana Overview
Return to the main Louisiana construction mechanic lien law page