General Contractors — Notice of Contract: Commercial Projects Over $25,000 (L.R.S. §9:4811)
On commercial projects with contracts in excess of $25,000, the general contractor must properly and timely record a Notice of Contract before work begins. If the Notice of Contract is not recorded, the general contractor has no right to mechanic lien the property. This is a strict requirement — failure to record the Notice of Contract before commencing work will eliminate the contractor's mechanic lien rights entirely.
The Notice of Contract must be recorded in the mortgage records of the parish where the property is located. It should include the names of the contracting parties, a description of the property to be improved, and the contract amount. L.R.S. §9:4811.
General Contractors — Notice of Mechanic Lien Rights: Single-Family Residential Projects
On single-family residential projects, the general contractor must furnish the property owner with a Notice of Mechanic Lien Rights prior to or at the time of entering the contract. This notice informs the homeowner that the contractor and other parties may have the right to file mechanic liens against the property for unpaid work.
The Notice of Mechanic Lien Rights requirement protects homeowners by ensuring they are aware of the mechanic lien process before construction begins. Failure to provide this notice may affect the contractor's ability to enforce a mechanic lien on a single-family residential property.
Subcontractors — Request for Notices (L.R.S. §9:4822(k))
Subcontractors are not required to serve a traditional preliminary notice in Louisiana. However, subcontractors may file a Request for Notices with the property owner. This request must be filed prior to the owner's recording of a Notice of Termination, substantial completion, or abandonment.
Filing a Request for Notices requires the owner to notify the subcontractor of the filing of any Notice of Termination, substantial completion, or abandonment. This is critically important because the subcontractor's mechanic lien filing deadline is triggered by these events, and without notice, the subcontractor may miss the filing window. L.R.S. §9:4822(k).
Material Suppliers — Notice Requirements
Residential material suppliers are not required to serve a preliminary notice. However, commercial material suppliers (materialmen) who are not in privity with the general contractor must provide a Notice of Claim to the general contractor within 30 days from recordation of the Notice of Termination. L.R.S. §9:4822(J).
All commercial materialmen must also serve a 10-Day Notice of Non-payment to the property owner before filing a mechanic lien. This notice 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). Materialmen may also file a Request for Notices with the owner, similar to subcontractors.
Lessors (Equipment Rental) — Notice of Lease
Lessors of equipment have a specific preliminary notice requirement: a Notice of Lease must be provided to the owner and the contractor within 10 days of the first placement of equipment on the project. The notice must include the name and address of the lessor and lessee, describe the equipment being leased, state the terms of the rental and terms of payment, and be signed by both the lessor and lessee.
Lessors may also file a Request for Notices with the owner to receive notification of the filing of any Notice of Termination, substantial completion, or abandonment. This ensures the lessor can file a timely Statement of Claim.
Public Works — Preliminary Notice to Owner
On Louisiana public works projects, subcontractors, materialmen, and lessors must serve a preliminary notice to the owner on or before 75 days of the last day of the month for each month that material was delivered or work was performed. This monthly notice requirement is ongoing throughout the project.
Lessors on public works projects must also provide a Copy of Lease to the owner and contractor within 10 days of the first placement of equipment, consistent with the private works requirement.
Frequently Asked Questions
Is a preliminary notice required to file a mechanic lien in Louisiana?
It depends on the claimant type: General contractors on commercial projects over $25,000 must record a Notice of Contract before work begins (L.R.S. §9:4811). On residential projects, a Notice of Mechanic Lien Rights must be furnished. Subcontractors have no mandatory preliminary notice but should file a Request for Notices. Materialmen must serve a 10-Day Notice of Non-payment. Lessors must serve a Notice of Lease within 10 days of equipment placement.
What is the Notice of Contract in Louisiana?
Under L.R.S. §9:4811, general contractors on commercial projects with contracts exceeding $25,000 must record a Notice of Contract in the parish mortgage records before work begins. Failure to record eliminates the contractor's mechanic lien rights entirely.
What is the 10-Day Notice of Non-payment in Louisiana?
Under R.S. §9:4802(G), material suppliers must serve a 10-Day Notice of Non-payment to the property owner before filing a mechanic lien. This notice 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.
What is the Request for Notices in Louisiana?
Subcontractors and materialmen may file a Request for Notices with the property owner prior to the owner's recording of a Notice of Termination. This requires the owner to notify the claimant within 3 days of filing any Notice of Termination, substantial completion, or abandonment — events that trigger mechanic lien filing deadlines.
What notice must Louisiana equipment lessors provide?
Lessors must provide a Notice of Lease to the owner and contractor within 10 days of the first placement of equipment. The notice must include the lessor and lessee names/addresses, equipment description, rental terms, payment terms, and must be signed by both parties.
Related Louisiana Resources
Explore other critical compliance areas for Louisiana construction mechanic lien law.
Mechanic Lien Deadlines
Statement of Claim filing deadlines triggered by Notice of Termination, recorded vs. unrecorded prime contract rules, and service requirements
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