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…
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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…Read More
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…Read More
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…Read More
This afternoon I came across an article from one of my favorite publications, published in my hometown: New Orleans City Business. The article is titled “Community Projects Highlight City’s Construction List,” and it predicts that “the summer months in New Orleans will be marked with a spate of public construction…Read More
Whether you’re protecting payment of your invoices, or trying to recover money already owed to you, mechanics lien and bond claim documents are essential to payment in the construction industry.
These documents include both the Mechanics Lien and Bond Claim, but also preliminary notices and the lien cancellation. Understanding how to…Read More
It’s been a while since I posted about the lien laws in my home state of Louisiana. Plus, I’ve recently been contacted by a number of material suppliers who are either based in Louisiana or who do business in the state, and they are confused about the state’s notice requirements….Read More
It’s difficult to stress how beneficial filing a lien can be for your company when attempting to collect on a non-paying project. However, this begs the very important, and sometimes difficult to answer question: Are you legally entitled to lien?
In Louisiana, the lien statutes are drafted with a certain balance….Read More