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Equipment Lessors Notice Requirements

Louisiana Notice of Lease: Supreme Court Refuses To Hear Wrongly Decided Case

Last Year, Scott Wolfe Jr. wrote post criticizing a case decided wrongly by the Louisiana Second Circuit Court of Appeals: Louisiana 2nd Circuit Demotes Importance of Lessor’s Notice of Lease – But It’s Wrong! In that case, Hawk Field Services v. Mid America Underground, the court held that lessors who failed to send a Notice of [...]

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Color Coded Map of Nationwide Notice Requirements

Filing a mechanics lien is a great credit and collections tool, but there are a lot of compliance requirements tied to the remedy. Sometimes, notices must be sent at the start of construction (preliminary notices).  Sometimes, notices must be sent at the end of construction before a mechanics lien is filed (notice of intent to [...]

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Louisiana’s Notice of Lease Tricks, Tips & Forms

Construction equipment leasing companies have a tough time in the mechanics lien world, regardless of where they are.  In some states, they don’t have any lien rights at all.  In other states, to qualify for lien rights, they must jump through hoops and distribute specialty notices. Louisiana has perhaps the most aggravating notice requirement for [...]

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Preparing A Mechanics Lien Claims Against City Construction Projects in New Orleans

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 projects.” Specifically, between May 29th [...]

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Equipment Lessors in Louisiana Have A Special “Notice of Lease” Requirement – Know It Or Else

I practice law in Louisiana, and I had another equipment rental company call my offices last week to discuss their options in collecting a debt for some leased equipment.  Whenever I’m contacted to help collect a debt, I immediately discuss the potential client’s lien rights.  Bar none, filing a mechanic’s lien is the absolute best [...]

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Lessors Beware: Notifying the Owner of Your Lease

You are in the business of leasing heavy equipment to contractors. You are beginning to provide more and more machinery to jobsites. You just hit your first snag with payment. What do you do? Chances are you are stuck in rough spot and have to defer to your contract for remedy. There is likely no [...]

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Is Notice Required Before Filing a Construction Lien? Louisiana Law

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. On the one hand, [...]

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