RÉSUMÉ DIGEST
Act 29 (SB 151) 2015 Regular Session Cortez
Prior law made the Department of Transportation and Development (DOTD) liable for legal
interest on contract balances due and required the release of retainage or other payments to
a contractor if the final estimate was not complete, when DOTD failed to make final payment
due to a contractor after recordation of formal final acceptance and within 45 days of its
receipt of a clear lien certificate.
New law makes DOTD liable for legal interest on final contract balances when DOTD fails
to make any final payment within 100 days after receipt of a clear lien certificate.
Prior law required a claimant, after maturity of his claim and within 45 days of recordation
of final acceptance of work by DOTD or notice of default of the contractor or subcontractor,
to file a copy of a sworn statement of the amount due with DOTD and to record the original
statement with the recorder of mortgages for the parish where the work was performed.
New law changes requirement from claimant filing a copy of the statement with DOTD to
claimant filing a certified copy of his recorded sworn statement, showing recordation data,
with the undersecretary of DOTD.
Prior law authorized a public entity, contractor, or subcontractor, or other interested party to
require a person who has filed a statement of claim or privilege to give a written
authorization directing the recorder of mortgages to cancel the statement of claim or privilege
from his records.
New law adds option for claimant to file an original lien cancellation certificate with the
recorded of mortgages and to submit a certified copy of the recorded lien cancellation
certificate, showing recordation data, with the undersecretary of DOTD.
Prior law required a party who files a bond or other security to guarantee payment of a
statement of claim or privilege to give notice to DOTD, the claimant, and the contractor by
certified mail.
New law adds requirement for the party to file a certified copy of the cancelled statement of
claim or privilege, showing recordation data, with the undersecretary of DOTD by certified
mail.
Effective upon signature of the governor (May 29, 2015).
(Amends R.S. 48:251.5(B)(1) and (2), 256.5(B), 256.6(A)(1), and 256.7(C))