2024 Regular Session ENROLLED
SENATE BILL NO. 131
BY SENATOR MILLER
1 AN ACT
2 To enact R.S. 9:4812(F), relative to privileges on immovables; to provide relative to claims
3 against owners and contractors; to provide relative to the furnishing and maintenance
4 of bonds; to provide relative to the liability of sureties; and to provide for related
5 matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:4812(F) is hereby enacted to read as follows:
8 ยง4812. Bond required; terms and conditions
9 * * *
10 F.(1) Except as provided in Paragraph (2) of this Subsection, nothing in
11 this Part shall be construed to preclude a surety from asserting any defense to
12 the principal obligation that its principal could assert except lack of capacity or
13 discharge in bankruptcy of the principal obligor.
14 (2) The surety shall be obligated and required to issue payment to a seller
15 for claims by a seller under the following conditions:
16 (a) The claim is for the price of movables delivered in conformity with
17 the specifications provided in the order for such movables.
18 (b) No sooner than forty-five days after delivery of the movables, the
19 seller sends a notice of nonpayment to the general contractor, surety, and the
20 owner.
21 (c) The seller has not been paid in full on or before ninety days after
22 delivery of the movables.
23 (3) If the requirements of Paragraph (2) of this Subsection are satisfied,
24 the surety shall pay the seller within ten days after the seller sends a payment
25 notice to the surety.
26 (4) The claim of a seller and right to payment as provided in this
27 Subsection is in addition to and not in derogation of any other rights, claims, or
ACT No. 758
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 131 ENROLLED
1 remedies available to a seller under this Part.
2 (5) Any notice required under this Section shall be served by mailing the
3 same by registered or certified mail, postage prepaid, in an envelope addressed
4 to the last known address of the general contractor, surety, and the owner. The
5 return receipt indicating that registered mail or certified mail was properly
6 addressed to the last known address of the general contractor, surety, and the
7 owner and deposited in the United States mail regardless of whether the
8 registered or certified mail was actually delivered, refused, or unclaimed
9 satisfies the notice provision of this Section.
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.