NOTICE OF NON-PAYMENT / PRE-LIEN NOTICE

(Louisiana Private Works Act – La. Rev. Stat. Ann. §§ 9:4801 et seq.)

[// GUIDANCE:
1. This template is designed for Subcontractors, Sub-Subcontractors, Material Suppliers, Equipment Lessors, and other lower-tier claimants without a direct contract with the Owner.
2. For most commercial projects, the notice must be mailed within 75 days after the last day of the month in which the labor or materials were furnished.
• For owner-occupied residential projects, the deadline is 60 days.
3. Send by Certified Mail, Return-Receipt Requested (or another statutorily-permitted method) to both the Owner and the General/Prime Contractor at the addresses stated in the recorded Notice of Contract (if any) or at their last known business addresses.
4. This notice is not a lien; it preserves the right to file a Statement of Claim or Privilege if payment is not received.
5. DO NOT record this document. ]

I. DOCUMENT HEADER

Effective Date: [DATE]

To:
• Owner: [OWNER LEGAL NAME]
Address: [OWNER ADDRESS]

• General/Prime Contractor: [CONTRACTOR LEGAL NAME]
Address: [CONTRACTOR ADDRESS]

Cc:
• Surety (if any): [SURETY LEGAL NAME] – Bond No. [BOND NO.]
• Construction Lender (optional): [LENDER NAME]

From (Claimant):
[CLAIMANT LEGAL NAME]
Mailing Address: [CLAIMANT ADDRESS]
Telephone: [CLAIMANT PHONE]
E-mail: [CLAIMANT EMAIL]

Project: [PROJECT NAME / DESCRIPTION]
Project Location: [PROJECT STREET ADDRESS, CITY, PARISH, LA ZIP]
Legal Property Description: [INSERT OR ATTACH DESCRIPTION]

II. DEFINITIONS

For purposes of this Notice, the following capitalized terms have the meanings set forth below:

1. “Claimant” means the undersigned party identified above that furnished Labor, Materials, Equipment, or Services to the Project.
2. “Owner” means the record owner of the immovable property on which the Project is located.
3. “Contractor” means the person or entity having a direct contract with the Owner for the construction of the Project.
4. “Project” means the construction commonly known as “[PROJECT NAME]” located at the address above.
5. “Privileged Work” means the Labor, Materials, Equipment, or Services furnished by Claimant that are subject to the statutory privileges (mechanics’/materialmen’s liens) provided in the Louisiana Private Works Act.
6. “Amount Due” means the unpaid balance owing to Claimant for Privileged Work as of the Effective Date, exclusive of allowable interest, costs, and attorney fees.

III. OPERATIVE PROVISIONS

1. Statement of Amount Due
   Claimant hereby states that, as of the Effective Date, the Owner and/or Contractor owe Claimant the total sum of $[AMOUNT DUE] for Privileged Work furnished to the Project through [LAST DATE OF WORK (MM/DD/YYYY)].

2. Description of Privileged Work
   [Provide concise description – e.g., “supply and delivery of ready-mix concrete,” “rental of 80-ton crane,” “electrical labor and materials.”]

3. Reservation of Privilege
   Pursuant to the Louisiana Private Works Act, Claimant gives this Notice of Non-Payment to preserve and perfect its statutory privilege and right to subsequently file a Statement of Claim or Privilege against the Project and the immovable property if the Amount Due is not paid in full.

4. Demand for Payment
   Claimant hereby demands full payment of the Amount Due within ten (10) days after your receipt of this Notice. Failure to remit timely payment will compel Claimant to pursue all remedies available at law, including but not limited to filing a Statement of Claim or Privilege, suit for collection, and assertion of bond claims.

5. Conditions Precedent
   Timely service of this Notice is an express condition precedent to Claimant’s ability to file a Statement of Claim or Privilege. All other statutory prerequisites are expressly reserved.

IV. REPRESENTATIONS & WARRANTIES

Claimant represents and warrants to the Owner and Contractor that:

1. Claimant has furnished Privileged Work to the Project in good-faith compliance with applicable plans, specifications, and contractual requirements.
2. The Amount Due is just, true, and correct, and all lawful offsets, payments, and credits known to Claimant have been deducted.
3. Claimant has not previously executed any unconditional waiver or release of lien rights for the Privileged Work described herein.

These representations survive the payment of the Amount Due and the satisfaction or extinguishment of any resulting privilege.

V. COVENANTS & RESTRICTIONS

1. Affirmative Covenant of Cooperation
   Owner and Contractor shall cooperate in good faith to verify and satisfy the Amount Due, including providing any information reasonably requested by Claimant to facilitate payment.

2. Notice of Dispute
   If Owner or Contractor disputes the Amount Due, they shall deliver written notice identifying each disputed item within five (5) days of receipt of this Notice, together with supporting documentation.

VI. DEFAULT & REMEDIES

1. Event of Default
   Failure to pay the Amount Due (or any undisputed portion thereof) within ten (10) days after receipt of this Notice constitutes a default.

2. Remedies
   Upon default, Claimant may, without further notice:
   a. File a Statement of Claim or Privilege in the mortgage records of the parish where the Project is located;
   b. Initiate suit to enforce the privilege against the property, any statutory payment bond, and/or the Contractor;
   c. Recover interest, court costs, and reasonable attorney fees as allowed by law or contract.

VII. RISK ALLOCATION

1. Limitation of Liability
   Consistent with the metadata provided, Claimant’s aggregate liability to Owner and Contractor, if any, shall not exceed the lesser of (i) the value of the Privileged Work actually performed or (ii) the Amount Paid by Owner or Contractor to Claimant for such work.

2. Force Majeure
   Claimant shall not be liable for delays or failures in performance caused by events beyond its reasonable control (including force majeure events), provided that Claimant gives prompt notice of the force majeure condition.

VIII. DISPUTE RESOLUTION

1. Governing Law
   This Notice, and any dispute arising herefrom, shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict-of-laws rules.

2. Forum Selection
   The parties irrevocably submit to the exclusive jurisdiction of the state courts of competent jurisdiction located in the parish where the Project is situated for any action arising out of or relating to this Notice or the Privileged Work.

3. Arbitration & Jury Waiver
   Not applicable.

4. Injunctive Relief
   Nothing in this Notice shall limit Claimant’s right to seek provisional, injunctive, or other equitable relief as necessary to enforce its privilege or protect its interests.

IX. GENERAL PROVISIONS

1. Amendment & Waiver
   No amendment to this Notice is effective unless in writing and signed by Claimant. No waiver is effective unless in writing and signed by the party granting the waiver.

2. Assignment
   Claimant may assign its rights under this Notice, including its privilege, to any financing or factoring entity upon written notice to Owner and Contractor.

3. Severability
   If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

4. Entire Notice
   This document constitutes the entire statutory notice required to preserve Claimant’s privilege for the Privileged Work described herein.

5. Counterparts; Electronic Signatures
   This Notice may be executed in counterparts and delivered by electronic means, each of which shall be deemed an original and all of which together shall constitute one instrument.

X. EXECUTION BLOCK

Executed as of the Effective Date set forth above.

CLAIMANT:

[CLAIMANT LEGAL NAME]
By: ___________
Name: [TYPED NAME]
Title: [AUTHORIZED TITLE]

State of __
Parish/County of ____

BEFORE ME, the undersigned Notary Public, personally came and appeared the above-named individual, who, after being duly sworn, stated that he/she is authorized to execute this Notice on behalf of Claimant and that the statements contained herein are true and correct to the best of his/her knowledge, information, and belief.

Sworn to and subscribed before me this _ day of __, 20.

Notary Public
My Commission Expires: ____
[// GUIDANCE:
• Notarization is recommended to add evidentiary weight but is not required by statute for a notice of non-payment.
• Keep copies of (i) the executed Notice, (ii) signed USPS Form 3811 (green card) or other proof of delivery, and (iii) any related correspondence.
• If payment is received after this Notice is sent, secure an appropriate Conditional or Unconditional Waiver and Release before relinquishing lien rights.
]