Mechanics Lien Filing Package — Louisiana

Mechanics Lien Filing Package (Louisiana)

Quick-Reference Summary

Part A — Pre-Lien Notice

Notice of Non-Payment and Intent to File Statement of Claim and Privilege

TO: [OWNER NAME], Owner of Record
[OWNER ADDRESS]

AND TO: [GENERAL CONTRACTOR NAME]
[GC ADDRESS]

RE: Immovable property at [STREET ADDRESS], [CITY], [PARISH] Parish, Louisiana
Municipal address / Lot / Square: [DESCRIPTION]
Legal description: [LEGAL or "see Exhibit A"]

Pursuant to the Louisiana Private Works Act, La. R.S. 9:4801 et seq., the undersigned, [CLAIMANT NAME] ("Claimant"), gives notice to the Owner and General Contractor of non-payment for labor, services, or materials furnished to the improvement of the above-described immovable property.

Claimant-specific notice timing under La. R.S. 9:4804: If a timely notice of contract was filed, a seller of movables to a subcontractor must send the owner and contractor a notice of nonpayment within 75 days after the end of the month in which the movables were delivered to the subcontractor. A lessor of movables must notify the contractor and, if a notice of contract was timely filed, the owner of the lease; notice sent more than 30 days after the movables first arrive at the site limits the claim and privilege to rent accruing after notice. Professional consultants and subconsultants covered by § 4804(A) must notify the owner within 30 days after engagement unless directly engaged by the owner. A lower-tier subcontractor described in § 4804(D) must notify the contractor at least 30 days before suit against that contractor or its surety. Identify the claimant's role and satisfy the applicable recipient and content requirements before relying on this form.

Unless full payment is received within ten (10) days, Claimant intends to file a Statement of Claim and Privilege against the immovable property in the mortgage records of [PARISH] Parish pursuant to La. R.S. 9:4831 and to pursue all remedies under the Private Works Act, including a civil action under La. R.S. 9:4823. This payment demand does not extend any statutory notice or statement-filing deadline.

Service: [☐ personal delivery / ☐ U.S. certified mail, return receipt requested] to the last-known address of each addressee.

Part B — Claim of Mechanics Lien

Statement of Claim and Privilege (Louisiana — La. R.S. 9:4822(H), 9:4831)

Recording requested by / Return to:
[CLAIMANT NAME]
[ADDRESS]

(Space above for Clerk of Court / Recorder of Mortgages use)

I. Claimant

II. Owner of the Immovable

III. General Contractor (if Claimant is sub-tier)

IV. Person With Whom Claimant Contracted

V. Description of the Immovable

VI. Notice of Contract / Notice of Termination Status

☐ Notice of Contract was filed under R.S. 9:4811 on [__/__/____] (attach copy or recording data)
☐ No Notice of Contract was filed for the work
☐ Notice of Termination was filed under R.S. 9:4822 on [__/__/____]
☐ No Notice of Termination has been filed; substantial completion/abandonment occurred on [__/__/____]

VII. Description of Work / Materials / Services Furnished

[DESCRIBE LABOR, MATERIALS, OR SERVICES FURNISHED]

VIII. Amount Claimed

Plus interest from [__/__/____], costs, and attorney fees to the extent allowed by law.

IX. Claim of Privilege

Pursuant to La. R.S. 9:4801–9:4855, the undersigned Claimant asserts a claim and privilege against the above-described immovable property and the improvements thereon for the principal amount stated above.

X. Claimant Signature (R.S. 9:4822(H)(2))

I am the Claimant or its authorized representative. I have reviewed this Statement of Claim and Privilege and the amount claimed after credits and offsets.

Exhibit A — Legal Description

[INSERT FULL LEGAL DESCRIPTION OF THE IMMOVABLE]

Part C — Notice of Filing Lien Claim to Owner

Service of Recorded Statement of Claim and Privilege on Owner (R.S. 9:4822)

TO: [OWNER NAME]
[OWNER ADDRESS]

Date: [__/__/____]

Pursuant to the Louisiana Private Works Act, the undersigned hereby serves you with a copy of the Statement of Claim and Privilege filed on [__/__/____] in the mortgage records of [PARISH] Parish, Louisiana, at Instrument No. [_____] / MOB [___] Folio [___], covering the immovable property located at [PROPERTY ADDRESS]. A certified copy of the recorded Statement is enclosed.

The principal amount of the claim and privilege is $[AMOUNT], plus interest, costs, and attorney fees as permitted by law.

Effect. The Statement of Claim and Privilege encumbers the immovable. It will remain of record until paid, released, bonded around under R.S. 9:4835, or extinguished by failure to bring a timely action under R.S. 9:4823.

Demand. Claimant demands payment of the full balance within fifteen (15) days. Failing payment, Claimant will institute a civil action — and, if appropriate, request a concursus proceeding under La. C.C.P. arts. 4651–4662 to resolve competing claims to construction funds — within one (1) year from the filing of the Statement of Claim and Privilege.

Enclosure: Certified copy of recorded Statement of Claim and Privilege

Part D — Suit to Foreclose

District Court Caption

Petition to Enforce Claim and Privilege (and, if applicable, Concursus)

The petition of [CLAIMANT], a [ENTITY TYPE] organized under the laws of [STATE], with respect represents:

1. Made defendants herein are [OWNER], [GC], [LENDER], and others claiming an interest in the immovable described below.
2. The immovable is located in [PARISH] Parish, Louisiana, at [ADDRESS], more fully described in Exhibit A.
3. Petitioner furnished [LABOR / MATERIALS / SERVICES] for the improvement of the immovable between [__/__/____] and [__/__/____], at the request of [HIRING PARTY].
4. The reasonable value of Petitioner's furnishings, after all just credits and offsets, is $[AMOUNT], no part of which has been paid except [$AMOUNT or "nothing"].
5. [If applicable:] Notice of Contract was filed under R.S. 9:4811 on [__/__/____]. [Or:] No Notice of Contract was filed. Notice of Termination [☐ was / ☐ was not] filed on [__/__/____].
6. On [__/__/____], within the period prescribed by R.S. 9:4822, Petitioner filed a Statement of Claim and Privilege in the mortgage records of [PARISH] Parish at Instrument No. [_____].
7. [If § 4822(B) applies and the Notice of Contract gives the owner's address:] On [__/__/____], Petitioner delivered a copy of the Statement of Claim and Privilege to the Owner at [ADDRESS].
8. This action is brought within one (1) year of the filing of the Statement of Claim and Privilege, as required by R.S. 9:4823(A)(2).
9. [If concursus is appropriate:] Multiple persons have claims against funds held by [STAKEHOLDER]. Petitioner moves the Court to convene a concursus proceeding under La. C.C.P. arts. 4651–4662 to determine the priority and amount of all such claims.
10. A Notice of Pendency of Action is being filed contemporaneously in the mortgage records.

WHEREFORE, Petitioner prays that:

• Defendants be cited and required to answer;
• Judgment be rendered recognizing Petitioner's claim and privilege in the principal amount of $[AMOUNT], plus interest, costs, and attorney fees as permitted by law;
• The immovable be sold by judicial process to satisfy the claim and privilege, with proceeds distributed according to rank;
• The Court determine priorities among all claimants (including by concursus, if convened); and
• The Court grant all general and equitable relief.

Notice of Pendency of Action (recorded in mortgage records)

Notice is given that an action has been instituted in the [JUDICIAL DISTRICT] Judicial District Court for the Parish of [PARISH], State of Louisiana, by [PLAINTIFF] against [DEFENDANTS], Docket No. [_____], affecting title to the immovable property described in Exhibit A, in which Plaintiff seeks to enforce a Statement of Claim and Privilege recorded [__/__/____] at Instrument No. [_____].

Part E — Pre-Filing Checklist

☐ Confirm whether a Notice of Contract was recorded under R.S. 9:4811 — controls deadlines
☐ Confirm whether a Notice of Termination was recorded under R.S. 9:4822 — starts the filing clock
☐ Identify Claimant's classification (GC, subcontractor, seller of movables, lessor of movables, laborer, design professional) — controls notices under R.S. 9:4802
☐ Confirm Louisiana State Licensing Board for Contractors registration where required
☐ Pull legal description and assessment data; identify correct parish for filing
☐ Calendar first and last date of furnishing
☐ Calendar filing deadline under R.S. 9:4822 (30 days, 60 days, 6 months, 7 months, or qualifying 70-day period as applicable)
☐ Calendar 1-year suit deadline under R.S. 9:4823(A)(2)
☐ Compute claim amount net of just credits and offsets
☐ Prepare and deliver any claimant-specific written notices required by R.S. 9:4804
☐ Have the claimant or authorized representative sign the written Statement of Claim and Privilege; obtain an oath or acknowledgment only if a separate applicable requirement calls for it
☐ File in the mortgage records of the correct parish
☐ Serve certified copy of recorded Statement on Owner
☐ Send Part C cover notice to Owner
☐ Diary the 1-year suit deadline; record notice of pendency of action
☐ Consider concursus under La. C.C.P. arts. 4651–4662 if multiple claimants compete for funds
☐ Monitor for owner bond to cancel claim under R.S. 9:4835
☐ Have a Louisiana-licensed attorney review before filing

Sources and References

• La. R.S. 9:4801 et seq. (Louisiana Private Works Act): https://legis.la.gov/Legis/Law.aspx?d=108041
• La. R.S. 9:4822 (Preservation of claims and privileges): https://legis.la.gov/Legis/Law.aspx?d=108062
• La. R.S. 9:4823 (Extinguishment of claims and privileges): https://legis.la.gov/Legis/Law.aspx?d=108063
• La. R.S. 9:4831 (Filing place and property identification): https://legis.la.gov/legis/Law.aspx?d=108064
• 2020 amendments overview (Leake Andersson): https://www.leakeandersson.com/louisiana-amendments-to-the-private-works-act-la-r-s-94801-et-seq/
• Phelps Dunbar — Nuts and Bolts of the Louisiana Private Works Act: https://www.phelps.com/a/web/4vFdTxs2kyicfaMxh5krYp/cle-by-the-hour-2024-nuts-and-bolts-of-the-private-works-act.pdf
• La. C.C.P. arts. 4651–4662 (Concursus): https://www.legis.la.gov/Legis/Law.aspx?d=112572