SLS 22RS-1173 ORIGINAL
2022 Regular Session
SENATE BILL NO. 429
BY SENATOR WOMACK
PRIVILEGES/LIENS. Provides for substantial completion of public works. (8/1/22)
1 AN ACT
2 To amend and reenact R.S. 38:2241.1(C) and (D) and to enact R.S. 38:2241.1(E), relative
3 to public contracts, works, and improvements; to provide relative to claims of
4 subcontractors, materialmen, and laborers on public works; to provide with respect
5 to substantial completion of public works; to provide for notice and itemization of
6 work to be performed; and to provide for related matters.
7 Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 38:2241.1(C) and (D) are hereby amended and reenacted and R.S.
9 38:2241.1(E) is hereby enacted to read as follows:
10 ยง2241.1. Acceptance of governing authority
11 * * *
12 C. When the public entity uses or occupies the public works in the
13 manner described in Subsection B, the public entity shall publish and furnish
14 to the contractor an itemized list of the remaining matters to be finished, errors
15 in the public works to be remedied, or any inconsequential matters, within ten
16 days of substantial completion of the public works. The itemized list may be
17 amended by the owner or his professional representative up to fourteen days
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 429
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1 after initial publication.
2 D. Any public entity that does not file for recordation an acceptance of public
3 work shall require the contractor to have recorded in the office of the recorder of
4 mortgages, in the parish where the work has been done, an acceptance of such work
5 or of any specified area of such work, not later than forty-five calendar days after the
6 date of completion or substantial completion of the work. This acceptance shall not
7 be executed except upon the recommendation of the design professional hired by the
8 public entity whose recommendation shall be made not later than thirty calendar days
9 after the date of completion or substantial completion of such public work. A public
10 entity shall not take, use, or occupy the public work or use or occupy the specified
11 area of the public work for which it was intended until the substantial completion has
12 been filed pursuant to this Section, unless an approved agreement of partial
13 occupancy is executed between the public entity, the design professional of record,
14 and the contractor.
15 D.E. The public entity's failure to comply with the provisions of this Section
16 shall be subject to a writ of mandamus.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Lebra R. Bias.
DIGEST
SB 429 Original 2022 Regular Session Womack
Present law provides that public works are substantially completed when the public entity
can use or occupy the public works or use or occupy the specified area of the public works
for the use for which it was intended, and that recordation of an acceptance in accordance
with present law upon substantial completion shall be an effective acceptance.
Proposed law retains present law and adds a requirement that the public entity shall publish
and furnish to the contractor an itemized list of the remaining matters to be finished, errors
in the public works to be remedied, or any inconsequential matters, within 10 days of
substantial completion of the public works. Proposed law further provides that the itemized
list may be amended by the public entity or its professional representative up to 14 days after
initial publication.
Present law provides that any public entity that does not file for an acceptance of public
work shall require the contractor to record in the office of the recorder of mortgages in the
parish where the work has been done, acceptance of such work or of any specified area of
such work, not later than 45 calendar days after the date of completion or substantial
completion of the work. Present law further provides that a public entity shall not take, use,
or occupy the public work or use or occupy the specified area of the public work for which
it was intended until the substantial completion has been filed pursuant to present law, unless
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 429
SLS 22RS-1173 ORIGINAL
an approved agreement of partial occupancy is executed between the public entity, the
design professional of record, and the contractor. Provides that the public entity's failure to
comply with the provisions of present law shall be subject to a writ of mandamus.
Proposed law retains present law.
Effective August 1, 2022.
(Amends R.S. 38:2241.1(C) and (D); adds R.S. 38:2241.1(E))
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.