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Can I File a Mechanics/Labor Lein?

Louisiana

We have completed all of the work on this project, the only thing we have left to do is deliver the other half of the millwork and finish the installtion. We have sent out a progress invoice on the work that has been done so far and the customer is refusing to pay, after they already paid then called their credit card company and disputed the payment. Is it possible to put a lein on this residential property?

1 reply

Jan 15, 2021

If you've performed work but gone unpaid, then mechanics lien rights may well be available. That's true even if the project hasn't been completed yet, and even if the customer has promised (but not given) payment. However, note that only amounts that relate to work already performed should be included in a prospective lien claim. For further discussion on LA liens: Louisiana Mechanics Lien Guide and FAQs.

If any notice requirements applied, those notices would be a necessary prerequisite to filing a mechanics lien claim, though. More on those requirements here: Louisiana Preliminary Notice FAQs.

Finally, it's worth noting that simply threatening to file a mechanics lien might be enough to get paid without actually having to pursue a lien filing. More on that idea here: What is A Notice of Intent to Lien And Should I Send One? If a lien filing does end up being necessary, this article has good information on how to pursue a lien filing: How to File a Louisiana Mechanics Lien – Step by Step Guide to Get You Paid.

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