Louisiana 2020 2020 Regular Session

Louisiana House Bill HB337 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)]
HB 337 Original	2020 Regular Session	Gregory Miller
Abstract:  Provides relative to a materialman preserving a claim against a subcontractor under
public contracts.
Present law authorizes a claimant to file a sworn statement of the amount due him with the governing
authority having the work done and record it in the office of the recorder of mortgages for the parish
in which the work is done.  Present law requires the claimant to file a sworn statement after the
maturity of his claim and within 45 days after the recordation of acceptance of the work by the
governing authority, or within 45 days of notice of default of the contractor or subcontractor.
Proposed law changes present law from permissible to mandatory.
Present law prohibits a materialman from filing a privilege or lien on immovable property if he has
not complied with applicable notice and recordation requirements.
Proposed law modifies present law by prohibiting a materialman from asserting a claim or privilege
if he has not complied with the notice and recordation requirements.
(Amends R.S. 38:2242(B) and (F) and 2247)