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 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))