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Louisiana Pre-Lien Notice to Owner Regarding Potential Mechanic's Lien for Services to be Provided to General Contractor

Category:
Liens - Construction - Mechanics
State:
Multi-State
Control #:
US-01003BG
Format:
Word; 
Rich Text
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Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.



Statutes frequently require the potential lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

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How to fill out Pre-Lien Notice To Owner Regarding Potential Mechanic's Lien For Services To Be Provided To General Contractor?

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FAQ

PREPARING THE LOUISIANA MECHANICS LIEN Every mechanics lien typically must contain the owner's name, a general description of the property and location, the name of the hiring party, the first and last date of work a description of the work performed, and the amount of money owed.

Who can file a Louisiana mechanics' lien Claim? Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file a Louisiana mechanics lien. If a company supplies material to a material supplier, they are not eligible to file a Louisiana mechanics lien claim.

In the event that a contractor does in fact fail to fulfill its payment obligations to a subcontractor, the subcontractor can file a lien against the bond for payment.

By general contractor: For a lien claim, the statement of claim or privilege must be filed within 60 days after either the filing of the notice of termination, or substantial completion of the work.

NOTICE OF RIGHT TO LIEN Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic's lien, often referred to as the ?Preliminary Notice?. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor.

If a notice will be sent, it must be sent at least 10 days before the lien is filed to be effective - that's true under both the old and new rules. Louisiana has traditionally been considered one of the few states that has a Notice of Intent to Lien requirement due to it's Notice of Nonpayment requirements.

Unlicensed Contractor Cannot Assert a Valid Lien under Louisiana's Private Works Act.

A recent Louisiana Court of Appeals case highlighted this issue by declaring that contracts entered into with unlicensed contractors are an ?absolute nullity.? Because a valid contract is required to secure lien rights, it stands to reason that a license (if required for the work performed) is required to secure lien ...

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