September 10, 2013
This past year the Louisiana legislature enacted a handful of amendments which have changed the notice requirements and time for enforcement of certain lien claimants under the Private Works Acts. The most important change is that a lien claimant is now required to file suit within one year of the recordation of its Statement of Claim or Privilege, whereas before the deadline to file suit to enforce the claim was one year after the expiration of the time to file a lien. In addition, lessors of movables are now required to provide the owner and contractor with a signed copy of the lease agreement identifying the terms of rental and of payment. Lastly, recent jurisprudence which addressed the requirement of itemization in a Statement of Claim or Privilege prompted legislative changes to clarify that unpaid invoices are required to be attached to a Statement of Claim or Privilege only if the lien specifically states that such invoices are attached.
H. Bruce Shreves (Contributing Author)
Peter S. Thriffiley, Jr. (Contributing Author)
Simon Peragine Smith & Redfearn LLP