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how long after a subcontractor finishes its part of the work can they file a lien?

A contractor was paid by me. They hired a subcontractor to do part of the job. They started work in June and finished their part of the work in September. They were not paid by the contractor. In December they are filing a Lien. The project was not finished yet. Do they have the right to file a lien if their last work was done over 60 days ago?

1 reply

Dec 11, 2018

That's a great question. In Louisiana, the deadline to file a lien will vary depending on who hired the claimant, on what type of work they provide, and whether or not a Notice of Contract is filed. If a Notice of Contract was filed, parties other than the prime contractor must file lien claims within 30 days after a notice of termination of work is filed. If a Notice of contract was not filed, the deadline for a subcontractor to file their lien will be 60 days from the notice of termination, or, if no notice of termination is filed, then that subcontractor will have 60 days from the substantial completion of the project. Note that this timeframe is extended to 70 days for material suppliers on residential jobs. For more background, zlien's Louisiana Lien and Notice FAQs should be helpful.

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