Notice of Non-Payment, Private 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 Non-Payment, Private Work

Scope: State of Louisiana, Private Work A Louisiana Notice of Non-Payment is only required for suppliers of movables that are used or incorporated into the site. Because of the amount of court case confusion as to what immovables are and who has supplied immovables, we strongly urge all Material man or Subcontractors providing Materials to serve a Lien Warning Notices.

Time Constraints: You must serve a Notice of Non-Payment at least 10 days before you file your Statement of Lien Claim, but remember that your Statement of Lien Claim must be filed within 30 days of the filing of a Notice of Termination by the Prime Contractor, or, if no Notice of Termination has been filed, within 60 days (70 days on residential projects) of your last furnishing of labor, materials or services. Leave yourself plenty of time to serve the notice and file your lien claim.

A copy of a list or invoice of the materials delivered or the services provide is required. Serve by certified mail or personal service on the owner, prime contractor and surety, if known. You may optionally serve your customer. Failure to supply the required notice can negate you right to lien. (See the Louisiana Bond or Lien Claim, Private Work, memo for more information).

Prime Contractors, Equipment and Movable Lessors and Subconsultants must serve Preliminary Notices, but there is no prohibition on sending a Notice of Non-Payment as a collection tool. See Louisiana Preliminary Notice, Private Work for more information.

Information Requirements: Program information.

Form Types: Notice of Non-Payment, and Exhibits A-D, if needed.

Procedures: Send copies of the prepared forms by certified mail or personal service upon the owner and sureties (if known) within the time constraints above, and optionally to the prime contractors and your customer. This will satisfy your notice requirement.

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