Notice of Claim on Bond-Public Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Claim on Bond; and Statement of Account.

Scope: State of Louisiana, Public Works.

Time Constraints: Where required you must have served a Notice of Intent to Lien on the owner within the statutory time frames or you cannot file a lien claim. (see Louisiana Preliminary Notice, Public Works, memo for more information).

Notice of Claim on Bond; and Statement of Account: You must file your Notice of Claim on Bond; and Statement of Account with the Recorder of Mortgages (Parish Recorder's) office within 45 days, inclusive, after the Recordation of Acceptance of the work by the public entities or Notice of Default by the contractor. Serve a copy of the attested (that is, stamped by the Recorder's office) Notice of Claim on Bond by certified mail or personal service on the public entities. If you are dealing directly with a sub-contractual so serve a copy on the prime contractor.

Perfection: To perfect your lien claim, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim after 45 days but within 1 year of the Registry of Acceptance or Notice of Default.

A Notice of Lis Pendens must be filed within one year after filing your Statement of Claim.

Payment Bond: Obtain a copy of the payment bond to determine requirements for making claim.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien clams.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the public entities or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond; and Statement of Account, Exhibit's A-D, if needed, and the Recorder’s Letter.

Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim within the time frames stated above, and send copies by certified mail immediately to the public entities (a copy for the prime contractor is also in order) and a copy to the sureties, if known. At this point you are ready to file suit to enforce all of your claims in one action, but do so after 45 days but within 1 year of the Registry of Acceptance or Notice of Default.

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