Louisiana 2013 2013 Regular Session

Louisiana House Bill HB190 Comm Sub / Analysis

                    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.