HLS 13RS-952 ORIGINAL
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Regular Session, 2013
HOUSE BILL NO. 362
BY REPRESENTATIVE GUILLORY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
PRIVILEGES/LIENS: Provides relative to filing a statement of claim or privilege under the
Private Works Act
AN ACT1
To amend and reenact R.S. 9:4822(A)(introductory paragraph), (B), (C)(introductory2
paragraph), (D)(1)(introductory paragraph), and (J), relative to the Private Works3
Act; to provide for time limitations within which to file a statement of claim or4
privilege; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 9:4822(A)(introductory paragraph), (B), (C)(introductory paragraph),7
(D)(1)(introductory paragraph), and (J) are hereby amended and reenacted to read as8
follows: 9
ยง4822. Preservation of claims and privileges10
A. If a notice of contract is properly and timely filed in the manner provided11
by R.S. 9:4811, the persons to whom a claim or privilege is granted by R.S. 9:480212
shall within thirty sixty days after the filing of a notice of termination of the work:13
(1) File a statement of their claims or privilege.14
(2) Deliver to the owner a copy of the statement of claim or privilege. If the15
address of the owner is not given in the notice of contract, the claimant is not16
required to deliver a copy of his statement to the owner.17
B. A general contractor to whom a privilege is granted by R.S. 9:4801 of this18
Part, and whose privilege has been preserved in the manner provided by R.S. 9:4811,19 HLS 13RS-952 ORIGINAL
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shall file a statement of his privilege within sixty one hundred twenty days after the1
filing of the notice of termination or substantial completion of the work.2
C. Those persons granted a claim and privilege by R.S. 9:4802 for work3
arising out of a general contract, notice of which is not filed, and other persons4
granted a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:48025
shall file a statement of their respective claims and privileges within sixty one6
hundred twenty days after:7
(1) The filing of a notice of termination of the work; or8
(2) The substantial completion or abandonment of the work, if a notice of9
termination is not filed.10
D.(1) Notwithstanding the other provisions of this Part, the time for filing11
a statement of claim or privilege to preserve the privilege granted by R.S. 9:4801(5)12
expires sixty one hundred twenty days after the latter of:13
(a) The filing of a notice for termination of the work that the services giving14
rise to the privilege were rendered; or,15
(b) The substantial completion or abandonment of the work if a notice of16
termination is not filed. This privilege shall have no effect as to third persons17
acquiring rights in, to, or on the immovable before the statement of claim or18
privilege is filed.19
* * *20
J. Before any person having a direct contractual relationship with a21
subcontractor, but no contractual relationship with the contractor, shall have a right22
of action against the contractor or surety on the bond furnished by the contractor, he23
must record his claim as provided in this Section and give written notice to the24
contractor within thirty sixty days from the recordation of notice of termination of25
the work, stating with substantial accuracy the amount claimed and the name of the26
party to whom the material was furnished or supplied or for whom the labor or27
service was done or performed. Such notice shall be served by mailing the same by28 HLS 13RS-952 ORIGINAL
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registered or certified mail, postage prepaid, in an envelope addressed to the1
contractor at any place he maintains an office in the state of Louisiana.2
* * *3
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)]
Guillory HB No. 362
Abstract: Extends various time limitations within which to file a statement of claim or
privilege pursuant to the Private Works Act.
Present law establishes liens and privileges under the Private Works Act and provides
procedures for the enforcement of such liens and privileges.
Present law provides that persons to whom a claim or privilege against the owner and
contractor is granted by present law (R.S. 9:4802) shall file the statement of their claims or
privilege, or deliver to the owner a copy of the statement of claim or privilege, within 30
days after the filing of a notice of termination of the work.
Proposed law retains present law but changes the time limitation from 30 days to 60 days.
Present law provides that a general contractor to whom a privilege against the owner is
granted by present law (R.S. 9:4801) shall file a statement of his privilege within 60 days
after the filing of the notice of termination or substantial completion of the work.
Proposed law retains present law but changes the time limitation from 60 days to 120 days.
Present law provides that those persons granted a claim and privilege by R.S. 9:4802 for
work arising out of a general contract, notice of which is not filed, and other persons granted
a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:4802 shall file a
statement of their respective claims and privileges within 60 days after: (1) the filing of a
notice of termination of the work; or (2) the substantial completion or abandonment of the
work, if a notice of termination is not filed.
Proposed law retains present law but changes the time limitation from 60 days to 120 days.
Present law provides that, notwithstanding other provisions of the Private Works Act, the
time for filing a statement of claim or privilege to preserve the privilege granted by R.S.
9:4801(5) expires 60 days after the latter of: (1) the filing of a notice for termination of the
work that the services giving rise to the privilege were rendered; or, (2) the substantial
completion or abandonment of the work if a notice of termination is not filed.
Proposed law retains present law but changes the time limitation from 60 days to 120 days.
Present law provides that before any person having a direct contractual relationship with a
subcontractor, but no contractual relationship with the contractor, shall have a right of action
against the contractor or surety on the bond furnished by the contractor, he must record his
claim and give written notice to the contractor within 30 days from the recordation of notice
of termination of the work, stating with substantial accuracy the amount claimed and the
name of the party to whom the material was furnished or supplied or for whom the labor or
service was done or performed. HLS 13RS-952 ORIGINAL
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Proposed law retains present law but changes the time limitation from 30 days to 60 days.
(Amends R.S. 9:4822(A)(intro. para.), (B), (C)(intro. para.), (D)(1)(intro. para.), and (J))