reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4770. Conflicts with Chapter 9 of the Uniform Commercial Code

RS 9:4770 - Conflicts with Chapter 9 of the Uniform Commercial Code
A. This Code Title (Code Title XXI of Code Book III, R.S. 9:4501 et seq.), Part 8 of Chapter 7 of the Louisiana Mineral Code (R.S. 31:146 through 148), and Title XXI of Book III of the Louisiana Civil Code (Arts. 3182 through 3277) shall be interpreted and applied in a manner consistent with Chapter 9 of the Uniform Commercial Code. Any conflict between the priority ranking of privileges under this Title, Part 8 of Chapter 7 of the Louisiana Mineral Code, or Title XXI of Book III of the Louisiana Civil Code with the priority rules of Chapter 9 of the Uniform Commercial Code shall be resolved by application of the priority rules of Chapter 9 of the Uniform Commercial Code.
B. The rights of a vendor under Civil Code Articles 2561, 3217(7), and 3227 or of a lessor under Civil Code Article 2707 or Mineral Code Article 146 are subordinate to the rights of a secured party with a security interest under Chapter 9 of the Uniform Commercial Code except as otherwise provided by R.S. 10:9-322(g).
Acts 1991, No. 539, §2, eff. Jan. 1, 1992; Acts 1993, No. 948, §2, eff. Jan. 1, 1994; Acts 1997, No. 1295, §1; Acts 2006, No. 533, §2; Acts 2010, No. 378, §2.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4781. Definitions

RS 9:4781 - Definitions
For the purposes of this Part, the following terms shall have the following meanings unless the context clearly requires otherwise:
(1) "Default" means the failure to pay obligations incurred by the storage of a boat, boat motor, boat trailer, or any other accessories thereto.
(2) "Last known address" means that address provided by the lessee in the most recent rental agreement or the address provided by the lessee in a subsequent written notice of a change of address.
(3) "Lessee" means a person, his sub-lessee, successor, or assign, entitled to the use of a space in a marina under a rental agreement, to the exclusion of others.
(4) "Lienholder" means a person who claims an interest in or privilege on the property pursuant to a mortgage properly recorded in the parish wherein the marina is located.
(5) "Marina" means a marina, boatyard, or marine repair yard that provides, as part of its commercial operation, the storage of boats, boat motors, or boat trailers.
(6) "Owner" means the owner, operator lessor, or sub-lessor of a marina, his agent, or any other person authorized by him to manage the facility or to receive rent from a lessee under a rental agreement.
(7) "Property" means a boat, boat motor, boat trailer, or any other boat accessories in storage at a marina.
(8) "Rental agreement" means any written agreement or lease, entered into between the marina owner and a lessee that establishes or modifies the terms, conditions, rules, or any other provisions concerning use of the marina.
Acts 2003, No. 840, §1, eff. July 1, 2003; Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4782. Privilege

RS 9:4782 - Privilege
A. Privilege created. A marina owner has a privilege on property stored at that marina for rent, labor, or other charges and for expenses reasonably incurred in the sale of that property under the provisions of this Part.
B. Exclusion. This Part does not create a privilege on a documented vessel subject to a preferred ship mortgage or other preferred maritime privilege pursuant to 46 U.S.C. Chapter 131.
Acts 2003, No. 840, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4783. Notice of privilege

RS 9:4783 - Notice of privilege
A. A property owner must be notified of the privilege created by this Part before enforcement of the privilege by a marina owner. Notification of the privilege created by this Part is satisfied by:
(1) Written storage agreement. A written rental agreement signed by the property owner that includes a notice of the privilege created by this Part; or
(2) Written notice of privilege. Written notification of the privilege sent by the marina owner to the property owner.
B. A marina owner who does not have a written rental agreement that includes a notice of the privilege created by this Part may not initiate an enforcement action under R.S. 9:4784 until thirty days after the written notice of a privilege required by Paragraph (A)(2) of this Section is delivered to the property owner.
Acts 2003, No. 840, §1, eff. July 1, 2003; Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4785. Cessation of enforcement actions

RS 9:4785 - Cessation of enforcement actions
A marina owner shall cease enforcement actions immediately if:
(1) Payment by owner. The property owner pays the marina owner the full amount necessary to satisfy the privilege. At any time before the conclusion of a sale conducted under this Part, the property owner may redeem the property by paying the full amount necessary to satisfy the privilege; or
(2) Payment by other lienholders. A person other than the marina owner who has a lien on the property pays the marina owner the full amount necessary to satisfy the privilege held by the marina owner. Upon payment by a lienholder of record, the marina owner shall hold the property for the benefit of and at the direction of that lienholder and may not deliver possession of the property to the property owner. Unless the marina owner and the lienholder enter into a new rental agreement, the lienholder shall arrange removal of the property from the marina.
Acts 2003, No. 840, §1, eff. July 1, 2003.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4790. Child support arrearages; privilege on motor vehicles

RS 9:4790 - Child support arrearages; privilege on motor vehicles
An obligee who has a judgment ordering the payment of past due child support may file the judgment with the office of motor vehicles in accordance with R.S. 32:708.1 and subject to the provisions of R.S. 13:3881. The judgment, when filed, shall operate as privilege on any titled motor vehicle, as defined in R.S. 10:9-102(d)(19), owned by the support obligor at the time deficient child support judgment is filed with the office of motor vehicles, and shall not affect liens, privileges, chattel mortgages, or security interests as provided in R.S. 10:9-101 et seq. or mortgages already affecting or encumbering the motor vehicle at the date of the filing. The motor vehicle shall be subject to seizure and sale for the payment of the judgment according to the preference and rank of the privilege securing its payment. The privilege for child support shall be legally subordinate to motor vehicle purchase money security interests.
Acts 2006, No. 772, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4792. Definitions

RS 9:4792 - Definitions
For the purposes of this Part, the following terms shall have the following meanings:
(1) "Department" means the Department of Wildlife and Fisheries.
(2) "Licensed storage facility" means a lot, yard, or other storage, parking, or repair facility licensed by the Department of Public Safety and Corrections, office of state police, to store towed vehicles as provided by R.S. 32:1714.
(3) "Tow truck" means any motor vehicle equipped with a boom or booms, winches, slings, tilt beds, or similar equipment designed for the towing or recovery of vehicles and other objects which cannot operate under their own power or for other reason is required to be transported by means of towing and licensed by the Department of Public Safety and Corrections pursuant to R.S. 32:1711 et seq.
(4) "Towed vessel" means any vessel titled under the Vessel and Motor Titling Act, R.S. 34:852.1 et seq., or required to be registered pursuant to R.S. 34:851.1 et seq., towed by a tow truck and being held at a licensed storage facility. "Towed vessel" does not include any vessel with a valid or expired registration number awarded pursuant to federal law or a federally approved numbering system of another state, unless subsequently registered in Louisiana.
Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4793. Privilege

RS 9:4793 - Privilege
A licensed storage facility has a privilege on a vessel, including any inboard or outboard motor attached to the vessel, towed and stored at that facility for the towing charges and storage fees. However, this Part shall not create a privilege on a documented vessel subject to a preferred ship mortgage or other preferred maritime privilege pursuant to 46 U.S.C. Chapter 313.
Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4794. Vessel owner information

RS 9:4794 - Vessel owner information
The licensed storage facility shall provide the department or its authorized agent, within three business days of the vessel being towed and stored, the vessel's registration numbers, hull identification number (HIN), motor serial number, and any other identifying factors requested by the department. The department or its authorized agent shall provide to a licensed storage facility holding a towed vessel the name and address of the last registered owner of the vessel and lienholders as listed in the official records of the agency.
Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4795. Notice of privilege and default

RS 9:4795 - Notice of privilege and default
A. The towed vessel owner and any lienholders shall be notified of the privilege created by this Part before enforcement of the privilege by the licensed storage facility. Notification of the privilege created by this Part shall be satisfied by the following:
(1) For owners and lienholders identified by the department pursuant to R.S. 9:4794, written notification of the privilege sent by the licensed storage facility, using a certificate of mailing within ten business days from the date the department or its authorized agent sends the owner and lienholder information of the stored vessel to the licensed storage facility. If the department or its authorized agent sends the information electronically, the licensed storage facility shall send notice within five business days.
(2) After compliance with R.S. 9:4794, for those vessels for which no records exist in the official records of the department, publishing notification of the privilege in the official newspaper of the parish in which the towed vessel was towed on two separate occasions.
B. Notification shall include the following:
(1) As applicable, registration numbers, a general description of the towed vessel, including the make, length, type of vessel, whether inboard or outboard motors, and make and horsepower, registration numbers, motor serial number, and hull identification number (HIN).
(2) The date and location where the vessel was found, the present location, charges due on the date of the notice, and name, street address, and telephone number of the licensed storage facility, which the owner may contact to respond to the notice.
(3) A statement that the vessel is subject to the privilege held by the licensed storage facility and that the vessel owner is in default.
(4) A statement that unless the claim is paid within the time stated the property will be sold at a commercially reasonably public sale, and the location and date of the sale, which shall not be earlier than thirty days after the date notice is mailed to the owner or thirty days after the last date of notification as provided in this Section. As used in this Part, "commercially reasonably" has the same meaning as in the Commercial Laws, R.S. 10:1-101 through 9-710.
Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4796. Advertisement: enforcement of privilege

RS 9:4796 - Advertisement: enforcement of privilege
After the expiration of the thirty-day period set forth in R.S. 9:4795(B)(4), the licensed storage facility shall publish an advertisement of the sale once a week for two consecutive weeks in the official newspaper of the parish where the sale is to be held. The date of the sale shall be more than fifteen days after the date of the first advertisement of the sale is published. The advertisement shall include the following:
(1) The name of the last registered owner of the vessel, if known.
(2) The date and location where the vessel was found.
(3) As applicable, the registration numbers, a general description of the towed vessel, including the make, length, type of vessel, whether inboard or outboard motors, and make and horsepower, outboard motor serial number, and hull identification number (HIN).
Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4797. Sale and purchasers

RS 9:4797 - Sale and purchasers
A. A sale under this Part shall be held at the location of the licensed storage facility or at the nearest suitable location.
B. The vessel shall be sold to the highest bidder and shall require a notarized bill of sale signed by the buyer and a representative of the licensed storage facility, clearly identifying the licensed storage facility as the seller, and shall state the boat was sold pursuant to this Part. The licensed storage facility shall attach to the bill of sale the proof of notice and sale requirements, including proof of all publications, without which the bill of sale shall be null and void.
C. The proceeds of the sale shall be applied in the following order:
(1) To the reasonable expenses of the sale including, to the extent not prohibited by law, reasonable attorney fees and legal expenses.
(2) To the satisfaction of all superior mortgages on the vessel held by holders of record to be paid in order of priority.
(3) To the satisfaction of the privilege created by this Part.
(4) To the satisfaction of all other mortgages and privileges on the vessel held by all lienholders of record to be paid in the order of priority.
(5) To the extent the proceeds of the sale exceed the sum of the foregoing, the surplus shall be paid to the owner of the vessel. However, if the funds so credited are not claimed by the owner within six months from the date of the sale, the funds shall be transferred to the administrator of the Uniform Unclaimed Property Act of 1997 as unclaimed property.
(6) If proceeds of the sale are not sufficient to satisfy the vessel owner's outstanding obligations to the licensed storage facility or any lienholder of record, the vessel owner remains liable to the licensed storage facility for the deficiency.
D. A purchaser of the vessel sold at a commercially reasonable sale pursuant to this Part takes the vessel free and clear of any rights of persons against whom the privilege was valid and all other lienholders of record.
E. The vessel owner shall be entitled access to the licensed storage facility during normal business hours for the purpose of satisfying the privilege or viewing and verifying the condition of the vessel.
F. Except as otherwise provided, all notices required by this Part shall be sent by certificate of mailing. Notices sent to the licensed storage facility shall be sent to the business address or to the address of the designated representative. Notices to the vessel owner shall be sent to the vessel owner's address as identified in the official records of the department. Notices to a lienholder of record shall be sent to the address of the lienholder as provided in the public record that serves to perfect the lienholder's interest in the vessel.
Acts 2012, No. 752, §1.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4801. Improvement of immovable by owner; privileges securing the improvement

RS 9:4801 - Improvement of immovable by owner; privileges securing the improvement
The following persons have a privilege on an immovable to secure the following obligations of the owner arising out of a work on the immovable:
(1) Contractors, for the price of their work.
(2) Laborers or employees of the owner, for the price of work performed at the site of the immovable.
(3) Sellers, for the price of movables sold to the owner that become component parts of the immovable, or are consumed at the site of the immovable, or are consumed in machinery or equipment used at the site of the immovable.
(4) Lessors, for the rent of movables used at the site of the immovable and leased to the owner by written contract.
(5) Professional consultants engaged by the owner, and the professional subconsultants of those professional consultants, for the price of professional services rendered in connection with a work that is undertaken by the owner.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 1987, No. 685, §1; Acts 1988, No. 713, §1; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4803. Amounts secured by claims and privileges

RS 9:4803 - Amounts secured by claims and privileges
A. The privileges granted by R.S. 9:4801 and the claims granted by R.S. 9:4802 secure payment of:
(1) The principal amounts of the obligations described in R.S. 9:4801 and 4802(A), interest due thereon, and fees paid for filing the statement required by R.S. 9:4822.
(2) Expenses incurred by the claimant or other person having a privilege, for the cost of delivering movables that become component parts of the immovable, or are consumed at the site of the immovable, or are consumed in machinery or equipment used at the site of the immovable, if the amounts are owed by the owner, contractor, or subcontractor to the claimant or person having the privilege.
(3) Amounts owed under collective bargaining agreements with respect to a laborer's or employee's wages or other compensation for which a claim or privilege is granted and which are payable to other persons for vacation, health and welfare, pension, apprenticeship and training, supplemental unemployment benefits, and other fringe benefits considered as wages by the secretary of labor of the United States in determining prevailing wage rates, unless the immovable upon which the work is performed is designed or intended to be occupied primarily as a residence by four families or less. Trustees, trust funds, or other persons to whom the employer is to make such payments may assert and enforce claims for the amounts in the same manner and subject to the same procedures provided for other amounts due laborers or employees granted a claim or privilege under this Part.
B. Subject to the additional limitations of amount contained in R.S. 9:4804(B), the claim or privilege granted the lessor of a movable by R.S. 9:4801(4) or 4802(A)(4) is limited to and secures only that part of the rents accruing during the time the movable is located at the site of the immovable for use in a work. A movable shall be deemed not located at the site of the immovable for use in a work after the occurrence of any of the following:
(1) The work is substantially completed or abandoned.
(2) A notice of termination of the work is filed.
(3) The lessee has abandoned the movable, or use of the movable in a work is completed or no longer necessary, and the owner or contractor gives written notice to the lessor of abandonment or completion of use.
C. The privileges granted by R.S. 9:4801 and the claims and privileges granted by R.S. 9:4802 do not secure payment of attorney fees or other expenses of litigation.
D. When a professional consultant or professional subconsultant is a juridical person, claims and privileges under this Part arise in favor of that juridical person for amounts owed to it under this Section, and no claim or privilege arises under this Part in favor of any surveyor, engineer, architect, or other person that it employs.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4806. Owner defined; interest affected

RS 9:4806 - Owner defined; interest affected
A. An owner, co-owner, naked owner, usufructuary, other holder of a servitude, possessor, lessee, or other person having the right to use or enjoy an immovable or having an interest therein shall be deemed to be an owner under this Part.
B. The claims against an owner granted by R.S. 9:4802 are limited to the owner or owners who have contracted with the contractor and to any owner or owners who have agreed in writing to the price and work of the contract made by another owner and have expressly agreed in writing to be liable for any claims granted by R.S. 9:4802. If more than one owner has contracted or expressly agreed in writing to be liable, each shall be solidarily liable for the claims.
C. A privilege granted by R.S. 9:4801 or 4802 affects only the interest in or on the immovable enjoyed by the owner whose obligation is secured by the privilege. If that owner is a lessee or holder of a servitude or otherwise derives his interest in or on the immovable from another person, the privilege is inferior and subject to all rights of, and obligations owed to, that other person.
D. The privileges granted by this Part upon a lessee's rights in the lease or buildings and other constructions shall be inferior and subject to the right of the lessor to dissolve the lease for nonperformance of the lessee's obligations, and to execute upon the lessee's rights and sell them in satisfaction of the obligations free of the privileges under this Part. If a sale of the lease is made in execution of the claims of the lessor, the privileges under this Part attach to that portion of the sale proceeds remaining after satisfaction of the claims of the lessor.
E. The inclusion in a statement of claim or privilege of the name of an owner who is not responsible for the claim under Subsection B of this Section shall not give rise to liability on the part of that owner or create a privilege upon that owner's interest in the immovable.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 1985, No. 903, §1; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4807. Contractor, general contractor, subcontractor defined

RS 9:4807 - Contractor, general contractor, subcontractor defined
A. A contractor is one who contracts with an owner to perform all or a part of a work.
B. A general contractor is a contractor who either:
(1) Contracts to perform all or substantially all of a work.
(2) Is deemed to be a general contractor by R.S. 9:4808(B).
C. A subcontractor is one who, by contract made directly with a contractor, or by a contract that is one of a series of contracts emanating from a contractor, is bound to perform all or a part of a work contracted for by the contractor.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4808. Work defined

RS 9:4808 - Work defined
A. A work is a single continuous project for the improvement, construction, erection, reconstruction, modification, repair, demolition, or other physical change of an immovable located in this state or its component parts.
B. If written notice of a contract is properly filed within the time required by R.S. 9:4811, the work to be performed under the contract shall be deemed to be a work separate and distinct from other portions of the project undertaken by the owner. The contractor whose notice of contract is so filed shall be deemed a general contractor.
C. The clearing, leveling, grading, test piling, cutting or removal of trees and debris, placing of fill dirt, leveling of the land surface, demolition of existing structures, or performance of other work on land for or by an owner, in preparation for the construction or erection of a building or other construction thereon to be substantially or entirely built or erected by a contractor, shall be deemed a separate work to the extent the preparatory work is not a part of the contractor's work. The privileges granted by this Part for the work described in this Subsection shall have no effect as to third persons acquiring rights in, to, or on the immovable before the statement of claim or privilege is filed.
D. This Part does not apply to:
(1) The drilling of any well or wells in search of oil, gas, or water, or other activities in connection with such a well or wells for which a privilege is granted by R.S. 9:4861 et seq.
(2) The construction or other work on the permanent bed and structures of a railroad for which a privilege is granted by R.S. 9:4901.
(3) Public works performed by the state or any state board or agency or political subdivision of the state.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2003, No. 729, §1; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4809. Substantial completion and abandonment of work defined

RS 9:4809 - Substantial completion and abandonment of work defined
A. A work is substantially completed when either of the following occurs:
(1) The last work is performed on, or materials are delivered to the site of the immovable or to that area with respect to which a notice of termination is filed under R.S. 9:4822(G).
(2) The owner accepts the improvement or possesses or occupies the immovable, or that area of the immovable with respect to which a notice of termination is filed, although minor or inconsequential matters remain to be finished or minor defects or errors in the work are to be remedied.
B. A work is abandoned by the owner if he terminates the work and notifies persons engaged in its performance that he no longer desires to continue it or he otherwise objectively and in good faith manifests the abandonment or discontinuance of the project.
Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4810. Miscellaneous definitions

RS 9:4810 - Miscellaneous definitions
For purposes of this Part:
(1) A "business day" is any day except for Saturdays, Sundays, and other days on which the office of the clerk of court is closed in accordance with R.S. 1:55(E) in the parish of location of the immovable upon which work is to be or has been performed.
(2) A "commercial courier" is any juridical person that has as its primary purpose the delivery of letters and parcels of any type.
(3) A "complete property description" of an immovable is any description that, if contained in a mortgage of the immovable properly filed for registry, would be sufficient for the mortgage to be effective as to third persons.
(4) An "immovable" is a thing that is classified by law as immovable, as well as any construction that is permanently attached to the ground and that would be classified by law as immovable if it belonged to the landowner.
(5) A "professional consultant" is a professional surveyor, professional engineer, or licensed architect who is engaged by the owner or by a contractor or subcontractor.
(6) A "professional subconsultant" is a professional surveyor, professional engineer, or licensed architect who is engaged by a professional consultant.
(7) A "qualified inspector" is a professional surveyor, a professional engineer, a licensed architect, a building inspector employed by the municipality or parish in which an immovable being inspected is located, or a building inspector employed by a lending institution chartered under federal or state law.
(8) A "residential work" is a work for the construction, improvement, reconstruction, modification, or repair of an immovable occupied or designed to be occupied as a single-family residence or double-family residence.
Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4811. Notice of a contract with a general contractor to be filed

RS 9:4811 - Notice of a contract with a general contractor to be filed
A. Written notice of a contract between a general contractor and an owner shall be filed as provided in R.S. 9:4831 before the contractor begins work, as defined by R.S. 9:4820, on the immovable. The notice:
(1) Shall be signed by the owner and contractor.
(2) Shall contain a complete property description of the immovable upon which the work is to be performed and the name, if any, of the project.
(3) Shall identify the parties and give their mailing addresses.
(4) Shall state the price of the work or, if no price is fixed, describe the method by which the price is to be calculated and give an estimate of it.
(5) Shall state when payment of the price is to be made.
(6) Shall describe in general terms the work to be done.
B. A notice of contract is not improperly filed because of an error in or omission from the notice in the absence of a showing of actual prejudice by a claimant or other person acquiring rights in the immovable. An error in or omission of the identity of the parties or their mailing addresses or the improper or insufficient description of the immovable shall be prima facie proof of actual prejudice.
C. A notice of contract is not improperly filed because a proper bond is not attached.
D. A general contractor shall not enjoy any privilege arising under this Part if the price of the work stipulated or reasonably estimated in his contract exceeds one hundred thousand dollars unless notice of the contract is timely filed. A general contractor who is deprived of his privilege by this Subsection shall not be entitled to file a statement of claim or privilege for any amounts due him.
E. Repealed by Acts 2019, No. 325, §3.
Acts 1988, No. 685, §1, eff. Jan. 1, 1989; Acts 2003, No. 729, §1; Acts 2019, No. 325, §§1, 3.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4812. Bond required; terms and conditions

RS 9:4812 - Bond required; terms and conditions
A. To be entitled to the benefits of the provisions of R.S. 9:4802(C), every owner shall require a general contractor to furnish and maintain a bond of a solvent, legal surety for the work to be performed under the contract. The bond shall be attached to the notice of the contract when it is filed. If the price of the work stipulated or reasonably estimated in the general contractor's contract exceeds one hundred thousand dollars, the bond shall be issued by a surety company licensed to do business in this state.
B. The amount of the bond shall not be less than the price of the work stated or estimated in the notice of contract.
C. The condition of the bond shall be that the surety guarantees:
(1) To the owner and to all persons having a claim against the contractor, or to whom the contractor is conventionally liable for work done under the contract, the payment of their claims or of all amounts owed them arising out of the work performed under the contract to which it is attached or for which it is given.
(2) To the owner, the complete and timely performance of the contract unless such guarantee is expressly excluded by the terms of the bond.
D. The bond of a legal surety attached to and filed with the notice of contract of a general contractor shall be deemed to conform to the requirements of this part notwithstanding any provision of the bond to the contrary, but the surety shall not be bound for a sum in excess of the total amount expressed in the bond.
E. The bond given in compliance with this Part shall be deemed to include the following conditions:
(1) Extensions of time for the performance of the work shall not extinguish the obligation of the surety.
(2) No other amendment to the contract, or change or modification to the work, or impairment of the surety's rights of subrogation made without the surety's consent shall extinguish the obligations of the surety, but to the extent that the surety is materially prejudiced by the change or action, the surety shall be relieved of liability to the owner and shall be indemnified by the owner for any loss or damage suffered by the surety.
(3) A payment by the owner to the contractor before the time required by the contract shall not extinguish the obligation of the surety, but the surety shall be relieved of liability to the owner, and shall be indemnified by the owner for any loss or damage suffered by the surety.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4813. Liability of the surety

RS 9:4813 - Liability of the surety
A. The surety is liable without benefit of discussion or division.
B. If the total amount owed to persons to whom the surety is liable exceeds the total amount of the bond, the surety's liability shall be discharged in the following order:
(1) First, and pro rata, to persons who preserve their claims in the manner required by R.S. 9:4822.
(2) Second, and in the order in which they present their obligations to the surety, to persons who do not preserve their claims as required by R.S. 9:4822 but to whom the contractor is otherwise liable.
(3) Third, to the owner.
C. The liability of the surety is not extinguished by a deficiency in the amount of the bond, the failure to attach the bond to the notice of contract, or the failure to file the notice as required by R.S. 9:4811.
D. An action shall not be brought against a surety, other than by the owner, before the expiration of the time specified by R.S. 9:4822 for claimants to file statements of their claims or privileges, unless a statement of the claim or privilege in the form required by R.S. 9:4822(H) is delivered to the surety at least thirty days prior to the institution of the action.
E. The surety's liability, except as to the owner, is extinguished as to each person who fails to institute an action asserting his claims or rights against the owner, the contractor, or the surety no later than one year after the expiration of the time specified in R.S. 9:4822 for the person to file his statement of claim or privilege.
F. A surety who pays a person to whom the surety is liable is legally subrogated to the person's contractual rights but may not assert by subrogation the person's claims or privileges arising under this Part.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4821. Ranking of privileges arising under this Part

RS 9:4821 - Ranking of privileges arising under this Part
A. The privileges granted by this Part are superior to all mortgages and other privileges, regardless of the dates on which the mortgages or privileges become effective as to third persons, except as follows:
(1) All privileges granted by this Part are inferior to privileges for ad valorem taxes or local assessments for public improvements against the immovable, privileges granted in favor of parishes for reasonable charges imposed on the immovable under R.S. 33:1236, privileges granted in favor of municipalities for reasonable charges imposed on the immovable under R.S. 33:4752, 4753, 4754, 4766, 5062, and 5062.1, and privileges granted in favor of a parish or municipality for reasonable charges imposed on the immovable under R.S. 13:2575.
(2) Each privilege granted by this Part other than those arising under R.S. 9:4801(2) and those securing a claim arising under R.S. 9:4802(A)(2) is inferior to bona fide mortgages and vendor's privileges that are effective as to third persons before the privilege granted by this Part becomes effective as to third persons.
B. Except as otherwise provided in Subsection C of this Section, the privileges granted by this Part rank among themselves in the following order of priority, regardless of whether they arise from the same work or different works and regardless of the dates on which the privileges become effective as to third persons:
(1) Privileges granted by R.S. 9:4801(2) and those securing a claim arising under R.S. 9:4802(A)(2) rank first and concurrently with each other.
(2) Privileges granted by R.S. 9:4801(3) and (4) and those securing a claim arising under R.S. 9:4802(A)(1), (3), and (4) rank next and concurrently with each other.
(3) Privileges granted by R.S. 9:4801(1) and (5) and those securing a claim arising under R.S. 9:4802(A)(5) rank next and concurrently with each other.
C. A privilege under this Part that is superior to a mortgage or vendor's privilege in accordance with Subsection A of this Section is also superior to all privileges under this Part that are inferior to the mortgage or vendor's privilege.
D. A privilege under this Part encumbering a construction that is permanently attached to the ground and belongs to a person other than the landowner is superior to all conflicting security interests created under Chapter 9 of the Uniform Commercial Code other than those that were perfected before the privilege becomes effective against third persons or that are perfected by a financing statement filed before the privilege becomes effective against third persons, if there is no period thereafter when there is neither filing nor perfection.
Acts 1990, No. 952, §1; Acts 1991, No. 353, §1; Acts 1995, No. 31, §2; Acts 1995, No. 1155, §1, eff. June 29, 1995; Acts 2004, No. 209, §1, eff. June 14, 2004; Acts 2012, No. 425, §1; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, 8, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4823. Extinguishment of claims and privileges

RS 9:4823 - Extinguishment of claims and privileges
A. A privilege provided by R.S. 9:4801, a claim against the owner and the privilege securing it provided by R.S. 9:4802, or a claim against the contractor provided by R.S. 9:4802 is extinguished if any of the following occurs:
(1) The claimant or holder of the privilege does not preserve it as required by R.S. 9:4822.
(2) The claimant or holder of the privilege does not institute an action against the owner for the enforcement of the claim or privilege within one year after filing the statement of claim or privilege to preserve it.
(3) The obligation that it secures is extinguished.
B. Notwithstanding Subsection A of this Section, a claim against a contractor granted by R.S. 9:4802 is not extinguished by the failure to file a statement of claim or privilege as required by R.S. 9:4822 if a statement of the claim or privilege is delivered to the contractor within the period allowed for its filing by R.S. 9:4822. The failure to file an action against the owner as required by Paragraph (A)(2) of this Section shall not extinguish a claim against a contractor or his surety if an action for the enforcement of the claim is instituted against the contractor or his surety no later than one year after the expiration of the time given by R.S. 9:4822 for filing the statement of claim or privilege to preserve it.
C. The extinguishment of a claim or privilege arising under this Part shall not affect other rights the claimant or privilege holder may have against the owner, the contractor, or the surety.
D. A privilege granted by this Part is extinguished if a bond is filed by the owner as provided by R.S. 9:4835.
E. A claim against the owner and the privilege securing it granted by this Part are extinguished if a bond is filed by a contractor or subcontractor as provided by R.S. 9:4835.
F. In a concursus proceeding brought under R.S. 9:4841, the joinder of the owner and a person who has a privilege or a claim against the owner, or the joinder of the contractor or surety and a person who has a claim against the contractor, constitutes the institution of an action for the enforcement of the claim or privilege against the owner, contractor, or surety, as the case may be.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2012, No. 394, §2, eff. August 1, 2013; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4831. Filing; place of filing; contents

RS 9:4831 - Filing; place of filing; contents
A. The filing of a notice of contract, notice of termination, statement of a claim or privilege, affidavit, or notice of pendency of action required or permitted to be filed under the provisions of this Part is accomplished when it is filed for registry with the recorder of mortgages of the parish of location of the immovable upon which work is to be or has been performed. The recorder of mortgages shall inscribe all such acts in the mortgage records.
B. Each notice of contract, notice of termination of work, affidavit filed in accordance with R.S. 9:4820(C) or 4832(C), and other filing by an owner under this Part shall contain a complete property description of the immovable upon which the work is to be or has been performed. Each other filing under this Part shall contain either a complete property description of the immovable or another reasonable identification of the immovable. A statement of the name of the owner and street address or mailing address of the immovable without more shall not be sufficient to meet the requirements of this Subsection.
C. If the work is evidenced by a notice of contract that contains a complete property description of the immovable, reference in any subsequent filing to the notice of contract, together with its registry number or other appropriate recordation information, shall be sufficient to meet the requirements of Subsection B of this Section. If the work is evidenced by a notice of contract that contains either a complete property description of the immovable or another reasonable identification of the immovable, reference to the notice of contract, together with its registry number or other appropriate recordation information, shall be deemed a reasonable identification of the immovable in a statement of claim or privilege filed under this Part.
D. Reference in a statement of claim or privilege to a notice of contract that does not contain a reasonable identification of the immovable shall not alone be sufficient to preserve the privilege of the claimant against a third person having or acquiring an interest in the immovable but shall nevertheless be sufficient to preserve all rights of the claimant against the owner, the contractor, and his surety.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982. Acts 1983, No. 589, §1; Acts 2012, No. 394, §2; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4832. Cancellation of notice of contract

RS 9:4832 - Cancellation of notice of contract
A. The recorder of mortgages shall cancel from his records a notice of contract upon written request of any person made more than thirty days after the filing of a notice of termination of work performed under the contract if both of the following conditions are satisfied:
(1) A statement of claim or privilege with respect to the work was not filed before expiration of the thirty day period.
(2) The request contains or has attached to it the written concurrence of the contractor or a written receipt from the contractor acknowledging payment in full of all amounts due under the contract.
B. If the request for cancellation of a notice of contract does not contain or is not accompanied by the written concurrence or receipt of the contractor, but a statement of claim or privilege was not filed before expiration of the thirty day period, the recorder of mortgages shall cancel the notice of contract as to all claims and privileges except that of the contractor. The recorder of mortgages shall completely cancel the notice of contract from his records upon written request of any person if either of the following conditions is satisfied:
(1) The request is made more than sixty days after the filing of the notice of termination and the contractor did not file a statement of his claim or privilege before expiration of the sixty day period.
(2) The request contains or is accompanied by the written concurrence of or a written receipt from the contractor acknowledging payment in full of all amounts due under the contract.
C. The recorder of mortgages shall immediately cancel a notice of contract if both of the following occur:
(1) A request for cancellation of notice of contract signed by the owner and contractor is filed.
(2) Within four business days after the filing of the request for cancellation, an affidavit made by a qualified inspector is filed to the effect that he inspected the immovable at a specified time subsequent to the filing of the request for cancellation and that work had not then begun, as the beginning of work is defined by R.S. 9:4820.
D. A notice of contract cancelled in accordance with Subsection C of this Section shall have no effect.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
2023 Louisiana Laws › Revised Statutes › Title 9 - Civil Code-Ancillaries › §9:4834. Notice of contract; cessation of effect, reinscription

RS 9:4834 - Notice of contract; cessation of effect, reinscription
The effect of filing a notice of contract ceases five years after it is filed, unless a written notice of its reinscription, in the manner provided for the reinscription of mortgages, is properly and timely filed by an interested person with the recorder of mortgages in whose office the notice of contract is filed. A notice of reinscription may not be filed after the effect of the filing of the notice of the contract has ceased. The effect of reinscription shall cease five years after the notice of reinscription is filed unless a subsequent notice of reinscription is filed within that time.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2005, No. 169, §4, eff. July 1, 2006; Acts 2005, 1st Ex. Sess., No. 13, §1, eff. Nov. 29, 2005; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.