Introduction

You are a subcontractor on a big job, and your demands for payment are going nowhere. Naturally, you are going to file a lien on the project. But what if the general contractor fails to file a notice of contract?

The Law

Louisiana Revised Statute 9:4822 provides that if no Notice of Contract has been filed, a contractor has 60 days from completion on the project to file a Louisiana mechanics lien if the contract amount is less than $25,000. The statute further provides that if the contract amount is greater than $25,000, and the Notice of Contract is not filed, the prime contractor has no lien rights.

For a subcontractor, if a Notice of Contract has been filed, he/she has 30 days from the filing of a notice of acceptance to file the Louisiana mechanics lien. If no Notice of Contract has been filed, a subcontractor has 60 days from either the filing of a notice of termination or the substantial completion or abandonment of the work to file the Louisiana mechanics lien claim.

Mechanic’s liens are a great tool for subcontractors to protect their business. Whether filing or enforcing a lien, the attorneys at Favret, Carriere, Cronvich are ready and willing to utilize their expertise to help your business continue to thrive.