Louisiana Mechanic’s Lien

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Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Louisiana.

COMMERCIAL:

  • Upfront Notice:
    • Notice of Obligation:
      • This notice is optional.
      • It places a requirement on the owner to inform you if a Notice of Termination is filed, or be liable for all costs and attorney fees for the establishment and enforcement of your claim.
      • BICA sends this out in lieu of a Courtesy Notice.
    • Lessor of Equipment:
      • Must give notice to the contractor and owner within 30 days of equipment being placed on the construction site.
        • If given later than 30 days, it is only effective on rents accruing after the notice is given.
      • Must reply within 15 days, giving a description of all movables placed at the site, if a request is received from the owner or contractor.
  • Follow-up Notice (if not paid):
    • Notice of Non-Payment:
      • If supplying to a subcontractor, this notice is also required to be delivered 75 days or less from the last day of the month in which the material was delivered, and no later than the statutory lien period (usually 30 days after a Notice of Termination has been filed).
        • Example: If work was done in April, this notice would need to be given by July 14th (if job still ongoing).
          • This would also cover any work done in May or June.
      • Repeated notices may be required as further deliveries occur on the project.
      • These 75-day notices are not required if supplying directly to the Owner or General Contractor.
      • This notice is available on the BICA member portal.
    • Notice of Claim:
      • Any subcontractor working for another subcontractor must give notice of his claim to the contractor at least thirty days before making a claim against the contractor or his bond.

RESIDENTIAL:

  • Upfront Notice:
    • Same handlings as for Commercial jobs
  • Follow-up Notice (if not paid):
    • Notice of Non-Payment: Same handling as for Commercial jobs.

PUBLIC:

  • Upfront Notice:
    • BICA sends a Courtesy Notice.
    • Lessor of Equipment: Must deliver a copy of the lease to the owner and contractor no later than 10 days after the equipment is placed at the project.
  • Follow-up Notice (if not paid):
    • Notice of Non-Payment: Same handling as for Commercial jobs.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.