Louisiana Account Stated for Construction Work

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Description

An account stated is a statement between a creditor (the person to whom money is owed) and a debtor (the person who owes) based upon a series of prior transactions that a particular amount is owed to the creditor as of a certain date.
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FAQ

Code § 34-51-2-8. Generally, a claim for breach of a written contract is subject to a ten year statute of limitations claim in Indiana.

Avoid paying in cash. Contractors cannot ask for a deposit of more than 10 percent of the total cost of the job or $1,000, whichever is less. (This applies to any home improvement project, including swimming pools.) Stick to your schedule of payments and don't let payments get ahead of the completed work.

In General: You can file a Small Claims lawsuit in the area where your contractor lives or does business. Start your lawsuit by filing a "Statement of Claim" with the Clerk of the Justice of the Peace Court or of your City Court.

Asking for more than half of the project cost up front, though, is a big red flag. A reputable and established contractor should have the wherewithal to purchase enough materials to get the job started without relying on your down payment. I recommend tying payments to progress made during the job.

If the total project amount exceeds $50,000 for commercial projects, $10,000 for plumbing, electrical & HVAC, and $7,500 for residential projects, a contractor's license is required.

The exact deposit amount contractors ask for upfront varies and is especially dependent on the size of the project. For relatively small jobs, like a $15,000 bathroom remodel, contractors may ask for a 50% deposit. For large jobs, like a $100,000 full-home renovation, a 10%20% deposit is more typical.

@Alex Varner generally speaking, when a contractor asks for that much up front, it's because he/she does not have enough money or credit to purchase materials for the job.

Louisiana's Private Works Act 1 allows an unpaid contractor, subcontractor, or material supplier to file a statement of claim or privilege (i.e., lien) upon the property improved by their work or materials.

The Louisiana Civil Code provides that an action against a contractor or an architect on account of defects of construction, renovation, or repair of buildings and other works is subject to a liberative prescription of ten years. La.

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Louisiana Account Stated for Construction Work