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Rental Material - Louisiana

LouisianaLien DeadlinesMechanics Lien

Hello Levelset, I asked this question about FL but I also need clarification for Louisiana. What are the deadlines regarding Rental Material that is still on the job site in Louisiana? Is the delivery date is based on the last date of rental materials on the site? Please advise. Thank you, Brittany Niemi

1 reply

May 5, 2020
The Louisiana mechanics lien deadline is generally counted from the date of substantial completion. Unlike Florida, where the lien filing deadline is counted from the date of the last furnishing of labor or materials.

Louisiana lien filing deadlines for suppliers

The deadline to file a LA mechanics lien claim is found under La. Stat. tit. 9 §4804, and it varies depending on whether or not a Notice of Contract (aka Notice of Commencement) was filed by the general/prime contractor. If a Notice of Contract was filed:
  • 60 days after substantial completion; or
  • If a Notice of Termination is filed, 30 days after the notice was filed.
If a Notice of Contract was not filed:
  • 60 days after substantial completion; or
  • If a Notice of Termination is filed, 60 days after the notice was filed.

Substantial completion in Louisiana

The last lingering question you may have is what constitutes substantial completion? Thankfully, Lousiana mechanics lien law defines this term under La. Stat. tit. 9 §4809. Substantial completion is when either of these two events occurs:
  • Last work is performed on, or materials delivered to, the property; or
  • Owner accepts the improvement or possesses or occupies the property.
If this seems confusing, don't worry. Louisiana also provides what is known as a Notice to Owner of Obligation. This can be sent by subcontractors and suppliers to the owner, and obligates the owner to notify within 3 days of the substantial completion or termination of the work.

Here's some additional reading that may prove useful:

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