Louisiana Construction or Mechanics Lien Questionnaire

State:
Multi-State
Control #:
US-Q1008
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a construction lien/mechanics lien matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Louisiana lien & notice requirements for: Prime contractors in Louisiana must file a Notice of Contract before work begins if the contract value is more than $100,000.00. On owner-occupied residential projects, the prime contractor must deliver a Notice of Lien Rights to the property owner before commencing work.

NOTICE OF RIGHT TO LIEN It must be served on the owner and the general contractor. Unless you are working directly for the general contractor. If the owner obtained a loan to fund the project, you must also serve the notice to the construction lender.

Specific information needs to be included in your notice. California preliminary notices must contain, at a minimum, the following information and text: Name and address of the owner or reputed owner. Name and address of the director contractor. Name and address of the construction lender, if any.

NOTICE OF RIGHT TO LIEN Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic's lien, often referred to as the ?Preliminary Notice?. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor.

Contractors and suppliers filing Mechanics Liens in Louisiana should ensure they have all necessary documentation prepared before filing. This includes an original and two copies of the notarized Claim of Lien form, a copy of the invoice for services provided, and legal notice to the property owner.

For a lien claim, the statement of claim or privilege must be filed within 60 days after either the filing of the notice of termination, or substantial completion of the work.

If you haven't received payment, the Private Works Act allows you to file a lien against the property itself. If that doesn't prompt the delinquent party to finally cut you a check, they could potentially lose the property entirely.

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. If the contract amount is greater than $25,000, and the Notice of Contract is not filed, the prime contractor has no lien rights.

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Louisiana Construction or Mechanics Lien Questionnaire