Louisiana Preliminary Notice Rules
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Preliminary Notices Are Usually Required
Whether or not notice must be given prior to the filing of a lien statement in Louisiana depends on the project type and claimant’s role in the project prerequisite to filing a valid mechanics lien.
GCs Must Send Notice
Prime Contractors must record a Notice of Contract before beginning work on a project of more than $100,000. Failure to do so will extinguish lien rights. A Notice of Lien Rights may also be required (more on that below).
Subcontractors Not Required to Send Notice
Suppliers Must Send Notice
If hired by a subcontractor, the notice must be sent within 75 days of the last day of each month of furnishing labor and/or materials.
Equipment Lessors must deliver a notice to the owner, and the timing of that notice will depend on when the project began (more on that below).
Notice Cannot be Sent Late
When required to give notice in Louisiana, failure to do so within the correct time period is often fatal to the lien claim. There's a little leniency with Notice of Lease, though. More on that below.
Send to Owner, GC, or Record (Depending on Notice)
Notices must typically be mailed, but a Notice of Contract must be filed. Read the below FAQs for more info.
Preliminary Notice Only Required for Equipment Lessors and Material Suppliers
Generally in Louisiana, preliminary notice is not required in order to make a bond claim. However, an exception exists for equipment lessors in all cases, and for material suppliers to subcontractors if the contract has been recorded.
It is generally best practice, however, to send preliminary notice even if not specifically required to provide project visibility.
On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
No Notice Required From Subcontractors
Subcontractors on public projects do not need to send preliminary notice in order to make a claim against the provided payment bond.
Equipment Lessors and Material Suppliers to Subs Must Provide Notice
Equipment Lessors are required to provide preliminary notice no more than 10 days after the movables are first placed at the site for use in work.
Additionally, a material supplier to a subcontractor must send a notice of non-payment to the general contractor within 75 days from the last day of each month in which the material was delivered.
Notice Cannot be Sent Late
When preliminary notice is required in Louisiana it may not be sent late, and is only effective if sent before the statutory deadline.
Send to GC or Public Entity
Equipment lessors must provide the public entity with a copy of the lease. Material suppliers to subcontractors must provide the general contractor with the notice of non-payment.
Note: Louisiana’s preliminary notice rules significantly changed on January 1, 2020. To learn more about the new rules, try this article: Louisiana Preliminary Notice Rules Are Changing on January 1, 2020
Among the biggest changes:
- Notice of Contract is not required for projects less than $100,000 (up from $25,000)
- Equipment lessors have more time to send Notice of Lease (30 days – up from 10 days)
- Design professionals now have their own specific notice requirements
- Contractors can force an owner to file a Notice of Termination
- Final Notice of Non-Payment can be used to extend some residential lien deadlines
Ultimately, though, preliminary notice in Louisiana is very specific to the project participant and their role. GC’s, design professionals, subcontractors, material suppliers, and equipment rental companies will all have different notice requirements in many situations.
While preliminary notice is not required of any other project participants, it is always a good idea to provide notice anyway. Levelset discusses that here: Why You Should Send Preliminary Notice Even If It’s Not Required.