Still, for jobs that were begun before January 1, 2020, the old notice rules will apply. Meaning, material suppliers will need to send a Notice of Nonpayment at least 10 days before they file their lien claims.
For jobs beginning on or after January 1, 2020, the new notice rules apply. Meaning, some parties will be able to send a Final Notice of Nonpayment at least 10 days prior to the lien deadline – and doing so will extend the deadline by 10 days.
Since some rules will apply for one job, but other rules may apply for another – we’ll look at both sides of the coin on this page. And, note that sending the document via an online platform can make life easier when complying with confusing requirements.
Regardless of what’s technically “required,” keep in mind that a Notice of Intent to Lien can be a powerful recovery tool in and of itself. Because a mechanics lien can be such a frightening prospect to property owners and other top of chain parties, knowing that a lien may be filed soon could be enough to get paid.
Louisiana Notice of Intent FAQs
Louisiana lien law is complex, and the fact that it was recently overhauled doesn't help things. Because some projects have different rules than others (based on when the project began), we'll break down each rule separately under each question. Rules effective for projects starting before January 1, 2020 will be labeled as the "old rules". For jobs beginning on or after January 1, 2020, the "new rules" will apply.
With that in mind, here are some common questions and answers. Importantly, keep in mind that Louisiana calls its Notice of Intent a "Notice of Nonpayment" under the old rules, and we're calling it a "Final Notice of Nonpayment" under the new rules.
Material suppliers must send a Notice of Intent to Lien (called a “Notice of Nonpayment”) at least 10 days before filing their lien claim.
No, but notice could extend your lien deadline on residential jobs.
For residential jobs where there is no Notice of Contract, all suppliers and equipment rental companies can extend their lien deadline by 10 days if they send a Notice of Intent to Lien (called a “Final Notice of Nonpayment”) at least 10 days before their lien deadline. The same is true for anyone who’s hired by someone other than the property owner – like subcontractors, specialty contractors, etc.
Which parties must receive a Louisiana Notice of Intent to Lien?
A Notice of Nonpayment must be sent to the property owner when hired by the owner or the GC. When hired by someone other than an owner or GC, notice should be sent to both the owner and the GC.
A Final Notice of Nonpayment must be sent to the property owner.
Still, it might also be a good idea to send the document to the GC as well as any other higher-tiered parties. The more people aware of the payment issue, the more pressure there will be on the customer to make payment.
Does the Notice of Intent affect my lien rights or lien deadline?
A material supplier’s failure to send a Notice of Nonpayment will be fatal to a lien claim.
A Final Notice of Nonpayment isn’t required. But, if a claimant wishes to send one and to extend their lien deadline by doing so, then the notice must be sent on time – at least 10 days before the lien deadline.
Need to file a Louisiana mechanics lien? File your mechanics lien with Levelset, the lien experts quickly and easily. Or you can follow the 3 steps below to file a lien yourself with Levelset's free information.
Louisiana’s mechanics lien statute got a facelift on January 1, 2020, changing many of the state’s notice requirements. The Notice of Intent to Lien requirements (known in Louisiana as a “Final Notice of Nonpayment”) changed quite a bit.
D. If before expiration of the period provided in Subsection A of this Section and at least ten days before filing his statement of claim or privilege a person granted a privilege under R.S. 9:4801(3) or (4), or a claim and privilege under R.S. 9:4802, in connection with a residential work for which a timely notice of contract was not filed gives notice of nonpayment to the owner, setting forth the amount and nature of the obligation giving rise to the claim and privilege, then the period in which the person is permitted to file his statement of privilege or claim shall expire seventy days after:
(1) The filing of a notice of termination of the work.
(2) The substantial completion or abandonment of the work, if a notice of termination is not filed.
Helping Thousands Of Contractors Like You With Louisiana Notice of Intent