ENROLLED
2024 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 80
BY REPRESENTATIVE FARNUM
A CONCURRENT RESOL UTION
To authorize and direct the Louisiana State Law Institute to study the Private Works Act and
provisions relative to protecting homeowners from claims when conducting home
improvement projects and protecting homeowners from having to pay twice for work
in order to avoid claims by unpaid claimants under the Private Works Act and report
its findings to the legislature no later than January 25, 2025.
WHEREAS, the Private Works Act, R.S. 9:4801 et seq., governs the rights of parties
to be paid when performing improvements on immovable property; and
WHEREAS, the Private Works Act applies to all construction projects in this state
and there may be a need to provide additional special protections for homeowners when
conducting residential improvement projects; and
WHEREAS, the protections that are available under the Private Works Act for
property owners are often not known to or practical for homeowners when conducting
residential improvement projects; and
WHEREAS, the Private Works Act only allows a homeowner to be relieved of
claims against him when the claims arise from the performance of a contract by a general
contractor for whom a bond is given and maintained as required by R.S. 9:4812 and when
notice of the contract with the bond is properly filed as required by R.S. 9:4811; and
WHEREAS, circumstances arise in which the homeowner has paid the contractor in
full, but because the homeowner does not have a bond and notice filed, the homeowner is
not relieved of claims against him.
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THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and direct the Louisiana State Law Institute to study the Private Works Act relative
to the possibility of protecting a homeowner who conducts a residential improvement project
from having to pay twice for some or all of the work in order to avoid claims by unpaid
subcontractors, suppliers, laborers, and other claimants or in order to avoid or discharge
privileges asserted by such claimants against the homeowners, and report its findings no later
than January 25, 2025.
BE IT FURTHER RESOLVED that the Legislature of Louisiana does hereby
authorize and direct the Louisiana State Law Institute to include representatives of the
stakeholders impacted by the issues to be studied including but not limited to the Louisiana
Bankers Associations, ABC Louisiana, Louisiana AGC, Louisiana Homebuilders
Association, Louisiana Concrete Association, Louisiana Land Title Association,
representatives of suppliers, and homeowners, to the extent not already included in the study.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
director of the Louisiana State Law Institute.
BE IT FURTHER RESOLVED that the Louisiana State Law Institute shall submit
one copy and one electronic copy of any report produced pursuant to this Resolution to the
David R. Poynter Legislative Research Library as required by R.S. 24:772.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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