Louisiana Private Works Act Unpaid-Claim Notice and Preservation Packet

LOUISIANA PRIVATE WORKS ACT UNPAID-CLAIM NOTICE AND PRESERVATION PACKET

NO AUTOMATIC PAYMENT FREEZE. This packet does not compel an owner, lender, contractor, or surety to withhold, segregate, or pay funds. It is not a recorded statement of claim or privilege, security deposited with the recorder of mortgages, or a concursus pleading. Use only the route that Louisiana construction counsel confirms applies.

1. Project and Claimant Record

2. Route Selection

☐ Route A — Seller-of-movables notice under La. R.S. 9:4804(C). Use only when a notice of contract was timely filed and Claimant sold movables to a subcontractor. Deliver the statutory notice to both the owner and contractor no later than 75 days after the last day of the calendar month in which the movables were delivered.

☐ Route B — Residential-work notice under La. R.S. 9:4822(D). Use only for an eligible claimant on residential work for which a timely notice of contract was not filed. Give the owner notice of nonpayment before the ordinary filing period expires and at least 10 days before filing the statement of claim or privilege. Counsel must confirm whether this route extends the filing period to 70 days.

☐ Route C — Voluntary commercial unpaid-account notice. This may communicate the unpaid account and request a response, but it creates no statutory freeze, bond duty, private default, cure period, fee right, or injunction.

☐ Route D — Statement-of-claim or privilege preparation. This packet only gathers the facts. Louisiana counsel must prepare, sign, file, deliver, and enforce the actual statement under the route-specific requirements of La. R.S. 9:4822 and related provisions.

3. Deadline Worksheet

These are route gates, not a universal deadline. Eligibility, filed notices, work type, contracting tier, bond, owner liability, delivery, and other facts may change the result.

4. Notice of Nonpayment

NOTICE OF NONPAYMENT / REQUEST FOR PAYMENT DISCUSSION

To: [OWNER / CONTRACTOR / OTHER CONFIRMED RECIPIENT]

From: [CLAIMANT]

Date: [__/__/____]

Claimant states that it furnished the labor, services, movables, or equipment described below for the identified Louisiana work and has not received payment of the stated balance.

For a La. R.S. 9:4804(C) seller notice, include:

• Seller name and address: [________________________________]
• Subcontractor name and address: [________________________________]
• Description of each movable: [________________________________]
• Unpaid balance of the price: $[________]
• Last delivery date and calendar-month calculation: [________________________________]

For a La. R.S. 9:4822(D) residential notice, include:

• Amount of the obligation: $[________]
• Nature of the obligation giving rise to the proposed claim and privilege: [________________________________]
• Date notice is delivered to owner: [__/__/____]
• Earliest planned filing date after the 10-day gate: [__/__/____]

Claimant requests that the recipient review the account and respond by [DATE AND TIME]. This requested response date is contractual correspondence only and does not create or change a statutory deadline, withholding duty, or remedy.

5. Statement-of-Claim or Privilege Preparation Checklist

Do not record this packet as the statement. Have Louisiana construction counsel prepare the filing and confirm each item below.

☐ Claimant is within a class granted a claim or privilege by current law.

☐ The correct subsection-A, -B, -C, or -D deadline was calculated from verified registry and project records.

☐ Any advance notice required for this claimant and route was completed on time and by a legally sufficient method.

☐ The statement is written and signed by the person asserting the claim or privilege, or that person's representative.

☐ The statement sets out the amount and nature of the obligation and reasonably itemizes its elements.

☐ The statement identifies the person whose obligation gives rise to the claim or privilege.

☐ The statement identifies the owner of record when different from the person whose obligation gives rise to the claim or privilege.

☐ The statement reasonably identifies the immovable affected.

☐ Claimed principal, interest, taxes, credits, retainage, change orders, and disputed items were separately reviewed.

☐ Attorney fees and litigation expenses are not included as amounts secured by the Private Works Act claim or privilege. La. R.S. 9:4803(C).

☐ Counsel confirmed the proper parish records, filing instructions, fees, required delivery after filing, enforcement period, and any cancellation or release duty.

6. Security and Concursus Controls

• Security under La. R.S. 9:4835 is a post-filing procedure. If a statement of claim or privilege or notice of pendency of action has been filed, an interested person may deposit qualifying security with the recorder of mortgages. This notice does not require a recipient to deliver a private bond to Claimant.
• The 125% amount is not an unpaid-account demand. Counsel must calculate and document any statutory security amount using the current text and the amount secured by the filed instrument.
• Concursus under La. R.S. 9:4841 is a court proceeding. The owner or another authorized interested person may invoke that procedure as current law permits. Any owner deposit is made into the court registry; this packet does not create a private escrow.
• No automatic freeze or injunction. Sending this notice alone does not establish that funds must be withheld, segregated, or deposited, and it does not establish entitlement to injunctive relief.

7. Amount and Remedy Review

Nothing in this packet creates a contractual default, cure period, fee shift, indemnity, liability cap, forum clause, jury waiver, arbitration agreement, or remedy against a recipient. Rights and remedies arise, if at all, from applicable law and independently enforceable agreements.

8. Delivery Record

Use only recipients and delivery methods confirmed for the selected route. Keep complete copies and objective proof of delivery.

Attachments included: ☐ invoice ledger ☐ invoices ☐ delivery tickets ☐ contract / purchase order ☐ change orders ☐ correspondence ☐ other: [________________]

A delivery log is evidence collection only. It does not declare that a particular recipient, method, address, or date satisfies Louisiana law.

9. Claimant Signature

The signer states that the factual entries in this packet and its attachments are true and correct to the signer's knowledge after reasonable review. This signature does not convert the packet into a recorded statement, sworn affidavit, contract, or judicial pleading.

Claimant: [________________________________]

By: ______________________________________

Printed name and title: [________________________________]

Date: [__/__/____]

10. Official Sources

• Louisiana Revised Statutes 9:4803
• Louisiana Revised Statutes 9:4804
• Louisiana Revised Statutes 9:4822
• Louisiana Revised Statutes 9:4835
• Louisiana Revised Statutes 9:4841

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