ENROLLED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2011
HOUSE BILL NO. 378
BY REPRESENTATIVE ELLINGTON
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
AN ACT1
To amend and reenact R.S. 38:2191, relative to public contracts; to provide for progressive2
stage payments made under public contracts; and to provide for related matters.3
Be it enacted by the Legislature of Louisiana:4
Section 1. R.S. 38:2191 is hereby amended and reenacted to read as follows: 5
ยง2191. Payments under contract 6
A. All public entities shall promptly pay all obligations arising under public7
contracts when the obligations become due and payable under the contract. All8
progressive stage payments and final payments shall be paid when they respectively9
become due and payable under the contract. 10
B. Any public entity failing to make any final payments after formal final11
acceptance and within forty-five days following receipt of a clear lien certificate by12
the public entity shall be liable for reasonable attorneys attorney fees. 13
C. The provisions of this Section shall not be subject to waiver by contract.14
D. Any public entity failing to make any progressive stage payments15
arbitrarily or without reasonable cause, or any final payment when due as provided16
in this Section, shall be subject to mandamus to compel the payment of the sums due17 ENROLLEDHB NO. 378
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under the contract up to the amount of the appropriation made for the award and1
execution of the contract. 2
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: