Mechanic's Lien Deadlines & Notice Requirements in Louisiana
At a glance
| Governing law | La. R.S. 9:4801 et seq., the Private Works Act (Title 9, Ch. 2, Part I), grants construction privileges and claims. |
|---|---|
| Who can claim a lien | Two tiers by privity: those contracting directly with the owner (contractors, the owner's laborers/employees, sellers/lessors of movables, and professional consultants) get a privilege under § 9:4801; those without direct owner privity (subcontractors, laborers/employees of the contractor or a subcontractor, sellers, lessors, and professional consultants of the contractor/subcontractor) get a claim against both owner and contractor, secured by a privilege, under § 9:4802 |
| Preliminary notice | The general contractor's notice of contract must be filed before work begins to preserve its privilege if the contract price exceeds $100,000 (§ 9:4811(A), (D)); timely filing also activates § 9:4822(B)-(C). |
| Deadline to file the lien | Default: 60 days after termination notice or completion/abandonment. With timely notice of contract: § 9:4802 claimants get 30 days after termination notice or six months after completion/abandonment; protected GC gets 60 days or seven months (§ 9:4822(A)-(C)). |
| Notice of completion effect | A filed notice of termination starts the 30-day period for § 9:4802 claimants with a timely notice of contract; the protected GC and default claimants get 60 days (§ 9:4822(A)-(C)). A GC may seek a summary judgment if the owner ignores its request to file (§ 9:4822(F)). |
| Serving the lien on the owner | For a § 9:4802 claim with a timely notice of contract, deliver the statement copy to the owner within the filing period if the owner's address appears in the notice (§ 9:4822(B)). |
| Deadline to sue to foreclose | 1 year after filing the statement of claim or privilege to institute an enforcement action, or the claim and privilege are extinguished (§ 9:4823(A)(2)) |
| Homestead/residential extras | Residential Truth in Construction Act (§§ 9:4851-4855): contractor gives a Notice of Lien Rights before or when contracting. Specified residential claimants can extend the default filing period to 70 days by timely notice of nonpayment (§ 9:4822(D)). |
Requirements one by one
Governing law and claimants
The Private Works Act grants a privilege to contractors and others working directly for the owner under § 9:4801. Section 9:4802 grants subcontractors, certain workers, sellers, lessors, and consultants claims against the owner and contractor, secured by a privilege on the immovable. The § 9:4802(B) text also gives a bonded-project exception to the claim against the owner and its privilege when the bond and notice-of-contract conditions are met.
Notice of contract and filing deadline
A general contractor must file a notice of contract before starting work to retain its privilege if the stipulated or estimated price exceeds $100,000 (§ 9:4811(A), (D)). The filing also changes the § 9:4822 deadline. Without a timely notice of contract, subsection A generally allows 60 days after a notice of termination is filed, or 60 days after substantial completion or abandonment if no termination notice is filed. With a timely notice of contract, a § 9:4802 claimant has 30 days after a filed termination notice or six months after completion or abandonment if none is filed (subsection B). A general contractor whose privilege was preserved under § 9:4811 has 60 days after termination notice or seven months after completion or abandonment (subsection C).
Notice of termination and delivery to the owner
The owner must file a notice of termination within 10 days after a general contractor requests it following substantial completion or abandonment. If the owner does not, the contractor may seek a summary judgment; a qualifying judgment has the effect of a termination notice when filed in the mortgage records (§ 9:4822(F)). Under subsection B, a § 9:4802 claimant on the timely notice-of-contract track must also deliver the statement to the owner within the filing period if the owner's address appears in the notice of contract.
Enforcement deadline
Section 9:4823(A)(2) extinguishes the preserved claim or privilege if an action against the owner to enforce it is not instituted within one year after filing the statement. Subsection B provides distinct rules for a claim against the contractor or surety.
Residential work
For improvements to property the owner occupies principally as a single-family residence, the Residential Truth in Construction Act (§§ 9:4851-9:4855) requires the contractor to provide the statutory Notice of Lien Rights before or when contracting (§ 9:4852). The notice is not a condition of the construction contract. If a lien is perfected and the contractor fails to comply with that residential subpart, § 9:4855 gives the owner a damages and attorney-fee claim, subject to that section's bond or reimbursement exception. For residential work without a timely notice of contract, § 9:4822(D) permits specified sellers, lessors, and § 9:4802 claimants to file within 70 days if they notify the owner of nonpayment before the ordinary period expires and at least 10 days before filing.
What trips people up
The notice of contract and notice of termination are different filings. The first determines whether the longer six- or seven-month track is available; the second starts a shorter 30- or 60-day clock. Check both records before calculating the last filing day (§§ 9:4811, 9:4822).
Common questions
Does every claimant have the same deadline? No. Section 9:4822 distinguishes the default track, § 9:4802 claimants on a timely notice-of-contract track, and a general contractor whose privilege was preserved by that notice.
Does a filed statement preserve the privilege indefinitely? No. Section 9:4823(A)(2) requires an enforcement action against the owner within one year after the statement is filed.
Statutes and sources
- La. R.S. 9:4801 (direct claimants): https://legis.la.gov/Legis/Law.aspx?d=108050 (accessed 2026-10-06)
- La. R.S. 9:4802 (other claimants and bonded-project exception): https://legis.la.gov/legis/Law.aspx?d=108051 (accessed 2026-10-06)
- La. R.S. 9:4811 (notice of contract): https://legis.la.gov/legis/Law.aspx?d=108056 (accessed 2026-10-06)
- La. R.S. 9:4822 (filing periods and delivery): https://legis.la.gov/legis/Law.aspx?d=108062 (accessed 2026-10-06)
- La. R.S. 9:4823 (enforcement): https://legis.la.gov/legis/Law.aspx?d=108063 (accessed 2026-10-06)
- La. R.S. 9:4851 (residential scope): https://legis.la.gov/legis/Law.aspx?d=108071 (accessed 2026-10-06)
- La. R.S. 9:4852 (residential notice): https://legis.la.gov/legis/Law.aspx?d=108072 (accessed 2026-10-06)
- La. R.S. 9:4855 (violation remedy): https://legis.la.gov/legis/Law.aspx?d=108075 (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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