SLS 24RS-406 ENGROSSED
2024 Regular Session
SENATE BILL NO. 131
BY SENATOR MILLER
PRIVILEGES/LIENS. Provides for privileges on immovables. (8/1/24)
1 AN ACT
2 To amend and reenact R.S. 9:4812(D), relative to privileges on immovables; to provide
3 relative to claims against owners and contractors; to provide relative to the
4 furnishing and maintenance of bonds; to provide relative to the liability of sureties;
5 and to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:4812(D) is hereby amended and reenacted to read as follows:
8 ยง4812. Bond required; terms and conditions
9 * * *
10 D. The bond of a legal surety attached to and filed with the notice of contract
11 of a general contractor shall be deemed to conform to the requirements of this part
12 notwithstanding any provision of the bond to the contrary, but the surety shall not be
13 bound for a sum in excess of the total amount expressed in the bond. Nothing in this
14 Part shall be construed to preclude a surety who has furnished such a bond
15 from asserting any defense to the principal obligation that its principal could
16 assert except lack of capacity or discharge in bankruptcy of the principal
17 obligor.
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. 131
SLS 24RS-406 ENGROSSED
1 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Hanna Gettys.
DIGEST
SB 131 Engrossed 2024 Regular Session Miller
Present law provides that the bond of a legal surety attached to and filed with the notice of
contract of a general contractor shall be deemed to conform to the requirements of this part
notwithstanding any provision of the bond to the contrary, but the surety shall not be bound
for a sum in excess of the total amount expressed in the bond.
Proposed law retains present law but includes that nothing in present law shall be construed
to preclude a surety who has furnished such a bond from asserting any defense to the
principal obligation that its principal could assert except lack of capacity or discharge in
bankruptcy of the principal obligor.
Effective August 1, 2024.
(Amends R.S. 9:4812(D))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.