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
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