SLS 22RS-1173 REENGROSSED
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. 38:2248(B), relative to public works contracts; to provide with
3 respect to substantial completion of public works; to provide for notice and
4 itemization of work to be performed; and to provide for related matters.
5 Be it enacted by the Legislature of Louisiana:
6 Section 1. R.S. 38:2248(B) is hereby amended and reenacted to read as follows:
7 ยง2248. Provisions for withholding payment; effect on liability of contractor or
8 agency; punch list; liquidated damages
9 * * *
10 B.(1) All public works contracts shall contain a clause stating that any punch
11 list generated during a construction project shall include the cost estimates for the
12 particular items of work the design professional has developed based on the
13 mobilization, labor, material, and equipment costs of correcting each punch list item.
14 The design professional shall retain his working papers used to determine the punch
15 list items cost estimates should the matter be disputed later. The contracting agency
16 shall not withhold from payment more than the value of the punch list. Punch list
17 items completed shall be paid upon the expiration of the forty-five day lien period.
Page 1 of 2
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 REENGROSSED
1 (2) If the public entity occupies or uses the public works, the following
2 shall apply:
3 (a) The punch list shall be furnished to the contractor within ten days of
4 substantial completion, as defined in R.S. 38:2241.1.
5 (b) Within fourteen days of providing the punch list to the contractor,
6 the punch list may be amended by the design professional or the public entity.
7 (3) The provisions of this Section shall not be subject to waiver, nor shall
8 these provisions apply to the Department of Transportation and Development.
9 * * *
The original instrument was prepared by Lebra Bias. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Thomas L. Tyler.
DIGEST
SB 429 Reengrossed 2022 Regular Session Womack
Present law establishes provisions for withholding public works contractor payment.
Proposed law retains present law and provides that if the public entity occupies or uses the
public works, the punch list shall be furnished to the contractor within 10 days of substantial
completion as defined in R.S. 38:2241.1 and may be amended by the design professional or
the public entity up to 14 days after providing the punch list to the contractor.
Effective August 1, 2022.
(Amends R.S. 38:2248(B))
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation,
Highways, and Public Works to the original bill
1. Provides if the public entity occupies or uses the public works, the punch list
shall be furnished to the contractor within 10 days of substantial completion
and may be amended by the design professional or the public entity up to 14
days after.
2. Changes statutory placement.
Senate Floor Amendments to engrossed bill
1. Clarifies that the punch list be provided within 10 days of substantial
completion as defined in R.S. 38:2241.1.
2. Clarifies that the 14 day period begins after the punch list is provided to the
contractor.
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.