Residential Notice of Nonpayment - Louisiana

RESIDENTIAL NOTICE OF NONPAYMENT

Louisiana Private Works Act — La. R.S. 9:4822(D)

This notice is not universally required and does not itself preserve a privilege. When its exact statutory conditions are met, it changes the applicable statement-of-claim deadline from 60 days to 70 days. It must be given before the original period expires and at least ten days before the statement is filed.

1. ELIGIBILITY CHECK

Use this notice only if every box is checked:

☐ The work is a residential work under the Private Works Act.

☐ A timely notice of contract was not filed for the work.

☐ Claimant is a seller or lessor directly engaged by the owner under La. R.S. 9:4801(3) or (4), or a claimant granted a claim and privilege by La. R.S. 9:4802.

☐ The original 60-day preservation period under La. R.S. 9:4822(A) has not expired.

☐ Claimant will give this notice at least ten days before filing the statement of claim or privilege.

If any box is unchecked, stop and obtain Louisiana counsel. Other claimant-specific notices may apply under La. R.S. 9:4804.

2. NOTICE

Date: [DATE]

To — Owner:

[OWNER NAME]

[OWNER ADDRESS]

From — Claimant:

[CLAIMANT LEGAL NAME]

[ADDRESS / CONTACT]

Residential Work and Immovable:

• Project address: [ADDRESS]
• Complete property description or recording reference: [DESCRIPTION]
• General contractor, if any: [NAME]
• Person who contracted with Claimant: [NAME]

Claimant gives notice of nonpayment under La. R.S. 9:4822(D).

Nature of Obligation

[DESCRIBE WORK, LABOR, MOVABLES, RENTED MOVABLES, OR PROFESSIONAL SERVICES AND THE CONTRACTUAL CHAIN]

Amount

Claimant states that $[AMOUNT] remains unpaid for the obligation described above.

3. PRESERVATION CALENDAR

This notice does not replace the statement of claim or privilege.

☐ Notice of termination was filed on [DATE].

☐ No notice of termination was filed; substantial completion or abandonment occurred on [DATE].

• Original 60-day expiration under § 4822(A): [DATE]
• Date this notice is given: [DATE]
• Earliest statement filing date after the ten-day interval: [DATE]
• Extended 70-day expiration under § 4822(D): [DATE]
• Planned statement filing date: [DATE]

If a timely notice of contract was filed, different periods under § 4822(B) apply and this § 4822(D) form is not the correct deadline device.

4. SIGNATURE AND DELIVERY RECORD

[CLAIMANT LEGAL NAME]

By: _______________________________

Name and title: [NAME / TITLE]

Date: [DATE]

Delivered to owner by: [METHOD APPROVED BY LOUISIANA COUNSEL]

Delivery date and proof: [DETAILS]

5. SOURCES AND REFERENCES

• La. R.S. 9:4801: https://legis.la.gov/Legis/Law.aspx?p=y&d=108050
• La. R.S. 9:4802: https://www.legis.la.gov/legis/Law.aspx?d=108051
• La. R.S. 9:4804: https://legis.la.gov/legis/Law.aspx?d=1147473
• La. R.S. 9:4822: https://legis.la.gov/legis/Law.aspx?d=108062