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Louisiana Questions
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Louisiana
13. Indemnity. To the extent allowed by law without penalty of any kind, Owner agrees to indemnify and hold harmless Contractor in the event any claim, demand, suit, right or cause of action is brought, by any person, firm, sub-contractor, or corporation arising out of or related to this Contract. Owner further understands and agrees that, inasmuch as the repair, remodeling, and/or rehabilitation of an existing building or structure requires that certain assumptions be made regarding the conditions then existing in the building or structure, and
because these assumptions may not be verifiable without expending additional sums of money or destroying otherwise adequate or serviceable portions of the building or structure, Owner shall, to the fullest extent provided by law without penalty of any kind, indemnify and hold harmless the Contractor from any claim, liability, or costs (including reasonable attorney’s fees and costs of defense) for any and all damages, economic loss, property damage, bodily injury, mental anguish, and/or any other loss arising or allegedly arising from the work and/or under this Contract, excepting those damages due solely to the fault of Contractor.
LouisianaWe are a material supplier and would like to set up a Job Account for a retrofit project if possible.
LouisianaI am a homeowner, 4 days prior to Ida, we had solar panels installed. Half were damaged and blown off of course, so after we allowed the solar panel co to do our roof and redo our panel system. After a year, they finally replaced our roof and panels. During the roof replacement a downpour occurred and the inside of our home was flood in certain areas, sheetrock was soaked in two bedrooms which led to mold, recessed lighting damaged, my HVAC in the attic was damaged and soon after the whole unit went out, and my living room floor buckled. We called the solar co they advised us that they had it all covered and would file a claim through their insurer to cover the damages in August 2022. In January i reached out but no one ever could find out info. I pulled their Gen Liability cert off of the internet contacted their insurer who would later tell me that no claim was ever filed. Then that we would need to file w/ the contractor that was hired by the solar co to do our roof. Claim was finally filed after 5 months, and an adjuster was assigned then we were sent over to another claims company, and another adjuster assigned. Fast forward to March 17 2023 i reached out to adjuster was told that we should have an answer this week, 11 days later, today 3/28 i am being told that the contractor was not isnured to do roofs and that we need to find an attorney and file suit against the solar co and the contractor now. HELP!!
LouisianaWhile Louisiana requires a Notice of Contract to be filed on any project in excess of $100,000, is the filing with the recorder of mortgages or is this done at the time I file for my building permit? When I filed for my permit to build, I had to submit a copy of my contract to the city permit department. Am I within my rights to file lien?
LouisianaWhat if I started a small business doing work "on the side" that became a larger undertaking. I created an LLC but had no idea about licensing requirements but am now ready to expand to full time. Will the board find me liable for fines after the fact? I've had no claims against me.
Thanks,
Michael Green
Shreveport, LA 71115
Louisianain the state of Louisiana can the roofing exam be read aloud to person taking exam
LouisianaI submitted a question on 7/2/18, and received a response from Matt Viator on 7/3/18 (both of which are copied below). My question has to do with the Notice of Termination. Our company never filed a Notice of Contract with the county recorder's office, so I understand that the subcontractor must file their lien within 60 days from the date our company filed a Notice of Termination. Our company issued a written Notice of Termination to the subcontractor on 5/17/18 but did not file a Notice of Termination with the county recorder's office until 7/2/18 (primarily because we did not know about the need to record such notices). I just want to make sure that the critical date for starting the 60-day lien filing period (for the subcontractor) is still 5/17/18. Please confirm, thank you.
Subcontractor lien rights in Louisiana - submitted 7/2/18
Deadlines
Right to Lien
State: Louisiana
Our company completed a private project in Louisiana as a general contractor on 6/26/18 (substantial completion). Our company hired a subcontractor to perform a specific scope of work as part of this project. We later had to terminate the services of the subcontractor due to multiple performance and schedule issues. The subcontractor abandoned the jobsite on 5/11/18, then we filed a Notice of Default with the subcontractor on 5/15/18, and finally filed a Notice of Termination with the subcontractor on 5/17/18. Our company then had to complete the specific scope of work of this subcontractor, and complete the overall project.
My questions: 1. What lien rights does this subcontractor have against the owner property, and 2. What are the deadlines for the subcontractor to file a lien?
Our company has filed a Notice of Completion with the local parish clerks office for the overall project based on completion date of 6/26/18 and a Notice of Termination with the local parish clerks office against the subcontractor in question for their specific scope of work based on termination date of 5/17/18.
Answered 7/3/18
Matt Viator
Legal Associate zlien
Under § 4802 of the Louisiana Revised Statutes, subcontractors are entitled to a mechanics lien "for the price of their work." Of course, when that workmanship is in dispute, there may be question as to whether they're still entitled to file a lien for their work performed. A subcontractor might be able to actually file a lien based on the price of their work. However, if that lien were challenged or if it came down to a lien enforcement action, a party who had to perform remedial work to cure issues caused by their sub might be able to argue that nothing is owed. If the subcontractor did not, in fact, add value to the work of improvement, it might be a valid basis for challenging the filed lien. Regarding deadlines - Louisiana's lien filing deadline can be tricky. If a Notice of Contract was filed, subcontractors must file their lien within 30 days of the filing of a Notice of Termination. If a Notice of Contract was not filed, a subcontractor must file their lien within 60 days of the filing of a Notice of Termination. In the instance where a Notice of Termination was not filed, that timeframe will instead run from the substantial completion of the work.
LouisianaI have a lien, we need to collect what is fairly owned. Looking for a good lien collection attorney.
LouisianaA contractor called dry out restoration sent a demo company to demo my home and they split boards throughout my home in the structure and is still requesting payment I have pictures of the damage which they said they would pay then the owner said no
Louisianacan you file a lien if the property is Homesteaded
LouisianaWe have not worked for a particular contractor for 2 years, the contracted time to have retainage released (their contract that we signed), so we routinely sent a letter asking for the return of our retainage. The contractor now denies he withheld any retainage from us and has conveniently manufactured a $5,500 "advance" payment for a job that he says we owe him. We never invoice for any work that is not completed. And I find it highly interesting that this "advance payment" record has no check number on it like all his other payments to us. He is now demanding $5,500 from us after zero contact for two years. I would have noticed if we were paid an extra $5,500 unattached to an invoice. It always took an act of God just to get a check from him for jobs we HAD completed.
LouisianaHello, My name is Jamal. I recently started a project at a customer home and didn't get paid. I had a contract with the customer but didn't have a notice of lien. Is there anything you all can help me with?
LouisianaCan we file a notice of Termination and have it filed with the county if the homeowner never signs it? Will that give us lien rights as we have not worked on this property for over a year!
LouisianaI am a prime contractor that a subcontractor working under me was paid by the homeowner the subcontractor directly. Therefore I have not been paid.
Louisianawe maruti suppliy LLC based in California shipped 2 consignments 01. date 05/24/22 and 02. on 06/22/22 and customer refused to pay. Our customer is in Batonrouge LA.
Louisiana