I am a sub contractor that has done several jobs for GC Scott Alexander and have not gotten paid yet. I have several projects that have been unpaid but am currently sending notices of intent to lien on said properties. The problem I currently have is that one of my projects has missed its deadline for submitting a notice. Can I do anything about missing the deadline?
Preliminary notices in Louisiana may or may not be required. For parties hired directly by the owner, a Notice of Lien Rights is required and failure to send that notice, when hired by the owner, will be fatal to a lien claim. For other project participants, sending the preliminary notice is not typically required to preserve lien rights. For residential projects, a notice is required before a lien filing can occur, but that notice is more related to a Notice of Intent to Lien than a preliminary notice. Other than those exceptions, a preliminary notice is generally not required in Louisiana.
In Louisiana, if you are required to send or file a preliminary notice, failure to do so within the statutory time period will typically result in the loss of mechanics lien rights. The only exception is the Notice of Lease. If the notice is sent past the 30-day deadline, lien rights will be limited to any rent accrued after the notice has been given.
I hope that helps!