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How to protect myself

LouisianaRight to Lien

I invested in a property with a builder in St tammany parish and need to take it over to move forward to continue the house because he is not paying the bills and need to finish to go forward. I do not want to put more money in the house till I know I’m first in the pay back when it is sold it is under contract.

1 reply

Dec 18, 2019
If you're wondering whether a Louisiana mechanics lien claim might be an option for securing payment, it's worth noting that mechanics lien rights will generally only be available for those who have improved the property by physically performing work or furnishing equipment or materials to the job site. So, parties who provide financing for a job will generally be unable to file a mechanics lien to secure payment. Instead of some claim or statutory solution, it might be more effective to sort out how payment will be made between the parties, then to draw up a written and signed agreement which would then dictate how payments would be made, what order investors and/or builders would be paid, etc. That way, there's a contractual agreement in place to direct the parties in how to act, and if a dispute arises, there's something the parties can point to when arguing that payment wasn't made, as required. And, if an agreement cannot be sorted out between the parties, then pursuing legal claims could then become necessary. But, without having performed work on the property, or without having a judgment in hand, placing an involuntary lien against a property might not be possible.
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