HLS 24RS-2976 ORIGINAL
2024 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 80
BY REPRESENTATIVE FARNUM
CIVIL/LAW: Directs the La. State Law Institute to study the Private Works Act
1 A CONCURRENT RESOL UTION
2To authorize and direct the Louisiana State Law Institute to study the Private Works Act and
3 provisions relative to protecting homeowners from claims when conducting home
4 improvement projects and protecting homeowners from having to pay twice for work
5 in order to avoid claims by unpaid claimants under the Private Works Act and report
6 its findings to the legislature no later than November 15, 2024.
7 WHEREAS, the Private Works Act, R.S. 9:4801 et seq., governs the rights of parties
8to be paid when performing improvements on immovable property; and
9 WHEREAS, the Private Works Act applies to all construction projects in this state
10and there may be a need to provide additional special protections for homeowners when
11conducting residential improvement projects; and
12 WHEREAS, the protections that are available under the Private Works Act for
13property owners are often not known to or practical for homeowners when conducting
14residential improvement projects; and
15 WHEREAS, the Private Works Act only allows a homeowner to be relieved of
16claims against him when the claims arise from the performance of a contract by a general
17contractor for whom a bond is given and maintained as required by R.S. 9:4812 and when
18notice of the contract with the bond is properly filed as required by R.S. 9:4811; and
19 WHEREAS, circumstances arise in which the homeowner has paid the contractor in
20full, but because the homeowner does not have a bond and notice filed, the homeowner is
21not relieved of claims against him.
Page 1 of 2 HLS 24RS-2976 ORIGINAL
HCR NO. 80
1 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
2authorize and direct the Louisiana State Law Institute to study the Private Works Act relative
3to the possibility of protecting a homeowner who conducts a residential improvement project
4from having to pay twice for some or all of the work in order to avoid claims by unpaid
5subcontractors, suppliers, laborers, and other claimants or in order to avoid or discharge
6privileges asserted by such claimants against the homeowners, and report its findings no later
7than November 15, 2024.
8 BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby
9authorize and direct the Louisiana State Law Institute to include representatives of the
10stakeholders impacted by the issues to be studied including but not limited to the Louisiana
11Bankers Associations, ABC Louisiana, Louisiana AGC, Louisiana Homebuilders
12Association, Louisiana Concrete Association, Louisiana Land Title Association,
13representatives of suppliers, and homeowners, to the extent not already included in the study.
14 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
15director of the Louisiana State Law Institute.
16 BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
17one copy and one electronic copy of any report produced pursuant to this Resolution to the
18David R. Poynter Legislative Research Library as required by R.S. 24:772.
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)]
HCR 80 Original 2024 Regular Session Farnum
Directs the La. State Law Institute to study provisions of the Private Works Act relative to
protecting a homeowner from having to pay twice for work in order to avoid personal claims
by unpaid claimants, and report its findings by Nov. 15, 2024.
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