HLS 13RS-813 ENGROSSED
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2013
HOUSE BILL NO. 190
BY REPRESENTATIVE SCHEXNAYDER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PRIVILEGES/LIENS: Provides relative to the Private Works Act
AN ACT1
To amend and reenact R.S. 9:4822(G)(4), relative to the Private Works Act; to provide for2
the preservation of claims and privileges; to provide for the content of a statement3
of a claim or privilege; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:4822(G)(4) is hereby amended and reenacted to read as follows:6
ยง4822. Preservation of claims and privileges7
* * *8
G. A statement of a claim or privilege:9
* * *10
(4) Shall set forth the amount and nature of the obligation giving rise to the11
claim or privilege and reasonably itemize the elements comprising it including the12
person for whom or to whom the contract was performed, material supplied, or13
services rendered. The provisions of this Subsection shall not require a claimant to14
attach copies of unpaid invoices unless the statement of claim or privilege15
specifically states that the invoices are attached.16
* * *17 HLS 13RS-813 ENGROSSED
HB NO. 190
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Schexnayder HB No. 190
Abstract: Provides that a statement for the preservation of a claim or privilege under the
Private Works Act shall reasonably itemize the elements comprising the claim or
privilege and that unpaid invoices are not required to be attached.
Present law provides that if a notice of contract is properly and timely filed, the persons to
whom a claim or privilege is granted shall, within 30 days after the filing of a notice of
termination of the work, file a statement of their claims or privilege, and deliver to the owner
a copy of the statement of claim or privilege.
Present law provides that a statement of a claim or privilege shall be in writing, shall be
signed by the person asserting the same or his representative, shall reasonably identify the
immovable with respect to which the work was performed or movables or services were
supplied or rendered and the owner, and shall set forth the amount and nature of the
obligation giving rise to the claim or privilege and reasonably itemize the elements
comprising it, including the person for whom or to whom the contract was performed,
material supplied, or services rendered.
Proposed law retains present law but specifies that the claimant is not required to attach
copies of unpaid invoices unless the statement of claim or privilege specifically states that
the invoices are attached.
(Amends R.S. 9:4822(G)(4))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Reinstated present law requirement of reasonably itemizing the elements
comprising the claim or privilege.
2. Added provision specifying that unpaid invoices are not required to be attached
to the statement of claim or privilege.