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Louisiana Passes P3 Legislation

Louisiana Passes P3 Legislation

What are public-private partnership (P3) projects? P3 projects refer to projects that utilize an ongoing relationship between a public entity and a private partner. These projects go well beyond the hiring of private contractors and suppliers, into the world of investing, leasing, and other long term arrangements. Private funding is an attractive option for governments […]

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Louisiana Monthly Notice Requirements for Suppliers

Lousiana material supplier - notice of non-payment

  Notice vs. Non-Notice States As a construction attorney practicing in multiple jurisdictions, I typically classify a state as either a notice or a non-notice state. I do this to help keep things simple—the notice vs. non-notice classification is very general. I practice in Louisiana and California. Generally speaking, California is a notice state and […]

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Louisiana Lessors Have Disparate Burden To Use Lien Rights

Mechanics Lien Rights for Equipment Rental Companies and Lessors

This is a guest editorial post by Kurt Sorensen, the Corporate Credit Director for H&E Equipment.  The following was submitted to the Louisiana State Law Institute Security Devices Committee suggesting changes be made to Louisiana’s Private Works Act (i.e. the Louisiana mechanics lien laws).  Kurt was recently an instrumental player in lobbying the Mississippi legislature to […]

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Only Sent One Preliminary Notice? You Might Have Lost Lien Rights

In many states, sending preliminary notice is a one-time requirement, a boxed to be checked off and forgotten. Sure, the timing requirements or deadline calculations may be difficult, and complicated when the potential claimant has multiple projects in multiple states, but once the notice has been sent (correctly and on time) it can be forgotten […]

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Material Supplier Notice Case to Louisiana Supreme Court?

Louisiana is, for the most part, a “non-notice state”. This means that traditional preliminary notices due within a short amount of time from the commencement of a project are generally not required. This is not to say, however, that no notices are ever required. To the contrary, there are notice requirements sprinkled throughout Louisiana’s public […]

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Louisiana Mechanics Liens: Monthly Notice Required For Material Suppliers?

legal-controversy-mechanics-lien-bond-claim-laws

Louisiana is generally a “non-notice state,” meaning that the traditional preliminary notice (i.e. must be sent within x days from start of a project) is not required of subcontractors and suppliers. Nevertheless, there are nuanced notice requirements buried throughout the states’ private and public lien statutes. One particular notice, which is sometimes required from material […]

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Decorative Holiday Lighting and Mechanics Liens

We’re deep into Christmas season, and more and more houses are decked out with festive holiday lighting. Down here in New Orleans, I’ve noticed several signs posted at intersections advertising the services of companies (and individuals) who specialize in decorating houses or small commercial buildings and professionally hanging exterior decorative holiday lighting. Since, at this […]

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Can A Lien Be Filed If Work Was Originally Done For Free?

An interesting question occurred to me while I was doing some “fix-it” work around the workplace the other day. And, being that a good portion of my brain-space is taken up by mechanics lien information, the question was: “Could I lien for this?” That’s a simple question, but the answer is complex. Despite the simple […]

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Louisiana Bond Claims: Does the Surety Need to Know?

Bond claims, like mechanics liens, have specific rules that must be followed in order for the claim to be valid. Also like mechanics liens, the rules that govern bond claims very from state to state. Since state bond claim laws are similar to, and often at least partially based on, the Miller Act (which governs […]

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