How do I file a Louisiana Private Works Act lien?

Louisiana's Private Works Act is at La. Rev. Stat. 9:4801 through 9:4855. Louisiana uses civil-law "privileges" rather than common-law liens.

1. Who Can File

General contractors, subcontractors, laborers, sellers of movables (materials) to the owner or contractor, lessors of movables, professional services (architects, engineers, surveyors), and trucking firms (La. R.S. 9:4801, 9:4802).

2. Preliminary / Pre-Lien Notice

A seller of movables to a subcontractor (not the GC or owner) must deliver a Notice of Nonpayment to the owner and GC within 75 days from the last day of each month in which materials were delivered and not paid (La. R.S. 9:4802(G)). Failure forfeits privilege rights.

3. Recording the Lien

File a Statement of Claim and Privilege in the mortgage records of the parish where the work is performed. Deadlines depend on whether a Notice of Termination (NOT) has been recorded (La. R.S. 9:4822):

With NOT: GC has 60 days; subs, suppliers, professionals have 30 days

Without NOT: all claimants have 60 days from substantial completion or abandonment

The statement must contain claimant, owner, amount, description of work, and property description.

4. Service on Owner

A copy of the Statement of Claim must be delivered to the owner within 10 days after filing (La. R.S. 9:4822(F)).

5. Suit to Foreclose

File suit to enforce within 1 year after filing the Statement of Claim and Privilege (La. R.S. 9:4823(A)(2)). Failure extinguishes the privilege.

6. Priority

The privilege ranks from the date of recordation of a Notice of Contract (if filed before work commences) or from the date the claimant's statement is recorded; properly recorded NOC primes subsequent mortgages (La. R.S. 9:4820, 9:4821).

7. Bond Release

Owner may bond off by filing a surety bond for 125% of the claim (La. R.S. 9:4835).

8. Homestead / Residential

For owner-occupied residential projects of less than $100,000, the owner is required to obtain a payment-and-performance bond only on larger projects; smaller residential jobs proceed under standard PWA rules. The Louisiana homestead exemption does not bar a properly recorded privilege.

9. Fraudulent Lien Penalties

La. R.S. 9:4833 allows damages, attorney's fees, and costs against any claimant who fails to deliver a release of an extinguished privilege; willful exaggeration may also be civilly actionable.

This is legal information, not legal advice.