At the end of last year we wrote about a new law passed in Louisiana affecting the state’s Private Works Act. That law was scheduled to take effect on August 1, 2013, which means that the law goes into effect today.
There is little guidance in the Act’s text about whether the law is retroactive or not.
If a mechanics lien is filed after August 1, 2013, it is pretty clear that the new law will require it’s foreclosure within one year of its filing date. If the lien was filed before August 1, 2013, however, but the deadline to foreclose it wouldn’t expire until after August 1, 2013, it is unclear as to whether the law change would require foreclosure under the old or new calculation.
My best guess is that the new law would apply only to mechanics lien claims filed after August 1, 2013, but I wouldn’t recommend taking that chance. The safe practice is to make sure your lien foreclosure action is filed within 1 year from the date your mechanics lien is filed.