Louisiana Statement of Lien Claim, Private Work.
Statement of Lien Claim-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.
Description: Statement of Lien Claim.
Scope: State of Louisiana, Private Works.
Time Constraints; Important: If you are a Prime Contractor, an Equipment or Movables Lessor or a Subconsultant you must have served a Preliminary Notice within the statutory time frame (See Louisiana Preliminary Notice, Private Work, memo for more information) or you cannot make a claim.
Important: If you are a Material man or a Subcontractor supplying Materials (defined under the statute as a supplier of movables) you must have served a Lien Warning Notice with the statutory time frame (See Louisiana Lien Warning Notice, Private Work, memo for more information) or you cannot make a claim.
Subcontractors and Material men in some cases may not have had to serve either a Preliminary Notice or Lien Warning Notice to claim a lien, but this is rather the exception rather than the rule.
Statement of Lien: When you must file your Statement of Lien Claim with the Recorder of Mortgages (Parish Recorder's) Office depends on the type of entity you represent:
Prime Contractors: You must file your Statement of Lien Claim within 60 days of substantial completion, termination or acceptance of contract work.
Sub-Contractors and Material men: You must file your Statement of Lien Claim with 60 days (70 days on a residential project for Material men) of substantial completion, termination or acceptance of contract work unless the owner or prime contractor has filed a Notice of Contract. In the latter case you must file your claim within 30 days of substantial complete, termination or acceptance of contract work.
Both: Serve copies of the Statement of Lien Claim by certified mail on the owner.
Perfection: To perfect your mechanic's lien, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim within 1 year of the date you filed your Statement of Lien Claim.
Payment Bond: Obtain a copy of the payment bond to determine requirements for making claim.
Lien Bonds: The owner may require the prime contractor to give a payment and performance bond in the amount of A) 100%of the contract price if contract is $10,000 or less; B) 50% of contract price, if contract is between $10,000 and $100,000; C) 33 1/3% if the contract is between $100,000 and $1,000,000, but not less than $50,000; and D) 25% of the contract price, but not less than $333,333 for contractors greater than $1,000,000. A lien bond may also be filed by the owner or prime contractor for 125% of the amount of the 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 claims.
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 lenders or sureties will reserve only the amount for which you make claim), and the parish of the state where the recording will be made.
Form Types: Statement of Lien Claim, 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 with the Recorder of Mortgages office in the parish where the project resides, and send copies by certified mail immediately to the owner (a copy for the prime contractor is also in order) and a copy to the sureties, if known. A this point you are ready to file suit to enforce all of your claims in one action, but do so within 1 year of filing your Statement of Lien.
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