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Non Payment

We are currently working with GC @ a louisiana project. We are a labor subcontractor. From reading here we are not required to send a prelien notice. This job is ongoing and will be done by December. We have not been paid For may or June and would like to know what our rights are and if I can send a notice of nonpayment. We are as

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Aug 30, 2019

In Louisiana, subcontractors are not required to send preliminary notice in order to retain lien rights. GC's on projects of over $25,000; material suppliers; and equipment lessors are required to send notice. However, that being said, any party can send notice. In fact, it is generally a good idea to provide notice to interested parties on the project. This can provide visibility and promote clear channels for communication in order to avoid payment problems. And, to the extent that payment is late and does not appear to be forthcoming, a party can send a notice of intent to lien in order to kick-start the process. Note that, just because there are no specific notice requirements, there are still requirements and deadlines that must be met in order to retain lien rights. In Louisiana, a mechanics lien must be filed within 60 days after the completion of the project as a whole - or, if a notice of substantial completion was filed, within 30 days after that filing.

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