Hello, Could an MSA/PSA be considered a contract in Louisiana? We have filed liens against our client and we received the following from their attorneys: 26. No notice of contract was filed pursuant to La. R.S. 9:4811(A) prior to Defendant commencing work on either of the Louisiana Projects. 27. Pursuant to La. R.S. 9:4811(D), Defendant “shall not enjoy” any lien rights under the Louisiana Private Works Act because no notice of contract was timely filed. Our Levelset Prelim Notice was sent out towards the end of the project. Thanks for the help!
It would likely be considered a contract. Notice of contract can be avoided in certain situations. Were you a subcontractor? How much was the project value? Keep in mind you can still recover without a lien.
We were the prime contractor on this project. The contract was valued at $9M. Without notice the client halted our work and removed my company from the project. Currently we are owed $1.3M.
For a project of that size, notice of contract may have been necessary. Give my office a call to discuss it in more detail. 504-323-5885.
One more question, Would a Purchase Order with the project amount be considered a contract as well?
That would probably depend on whether there were any other documents and what the PO actually says. In reality you probably have some contract even if it oral.