Louisiana mechanics lien: what to do when a customer won't pay, the deadline, and the letter to send
- Free. The demand letter and deadline worksheet come by email, as a Google Doc, a Word file or a PDF.
- Deepsel is our product: free estimate, invoice and scheduling software for contractors (scheduling and dispatch, quotes, invoicing, card payments). The section before the FAQ says where it fits and where it doesn't.
- Not legal advice. A lien suit is a court case: talk to a Louisiana attorney before you file one.
In Louisiana you have 60 days to file a mechanics lien, which the law calls a statement of claim or privilege. The 60 days run from substantial completion of the work, or from the day the owner files a notice of termination if one is filed, and the lien dies unless you sue on it within one year.12 Before you get there: send the invoice in writing, because since August 1, 2026 a homeowner has 35 days to pay a written payment request before a 1.5 percent monthly penalty starts, unless they dispute it in good faith.3 Then a demand letter, then a payment plan if they're short. And if the job needed a license or registration you didn't hold, there's no lien at all.4
A roofing contractor on Reddit put the problem in one line: "We have a customer who completely refuses to pay."5 The usual answer in the replies is "Slap a lien on the house."5 That's half right. The lien is a deadline you can miss, and in Louisiana the steps around it have their own rules. I read the Private Works Act (R.S. 9:4801 and the sections after it) on November 4, 2026, along with the 2026 change to the prompt payment law that most lien guides haven't caught yet. The download is a demand letter with a notice of intent to lien and a deadline worksheet: copy it in Google Docs, download the Word file or the PDF. Pick a format, enter your email and I'll send the links.
Louisiana mechanics lien deadlines at a glance
For a contractor who signed the contract with the homeowner. Subs and suppliers have their own rows further down.
| Step | Deadline | Counted from | Statute |
|---|---|---|---|
| Give the owner the Notice of Lien Rights (a home the owner lives in) | Before or at signing | The contract | R.S. 9:4852 |
| File a notice of contract (needed to keep any lien when the price is over $100,000) | Before work begins | First day on site | R.S. 9:4811 |
| Owner pays your written payment request | 35 days (up to 61 if a single-family contract says so) | Owner receives the request | R.S. 9:2784 |
| Owner pays before attorney fees attach on an open account | 30 days | Your written demand | R.S. 9:2781 |
| Owner files a notice of termination after you ask | 10 days | Your request | R.S. 9:4822(F) |
| File the statement of claim or privilege | 60 days | Substantial completion or abandonment, or the filing of a notice of termination | R.S. 9:4822(A) |
| Same, if you filed a notice of contract | 7 months, or 60 days after a notice of termination | Substantial completion or abandonment | R.S. 9:4822(C) |
| Sue to enforce, and record a notice of pendency of action | 1 year | Filing of the statement | R.S. 9:4823; 9:4833(E) |
| Give a written request to cancel, when the owner asks and the lien is improper or extinguished | 10 days | Owner's written request | R.S. 9:4833 |
| Pay your subs and suppliers their share | 7 days | Each payment you receive | R.S. 9:2784(B) |
An example: your last day of work was Wednesday, November 4, 2026 and the owner filed nothing. Day 60 is Sunday, January 3, 2027. File in December.
What to do first when a customer refuses to pay
These steps work anywhere. Louisiana adds a few rules, which I've noted.
- Find your date. Write down your last day of work and count 60 days. Everything below has to fit inside that window, so do this before the first phone call.
- Decide whether to keep working. If the job isn't done and a progress payment is late, don't keep paying for materials on a job that isn't paying you. The prompt payment law gives you a penalty, not a right to stop. The Civil Code lets a party refuse to perform only when both sides' performances are due at the same time, or after a written demand for security goes unanswered, so a stop-work clause in your contract is what really protects you.6 Without one, ask a lawyer before you walk off. One Louisiana trap: if you've taken a payment and then do no work for 45 days, a prosecutor may infer residential contractor fraud unless your contract set a longer period.7 Put the reason for the stop in writing, with the date.
- Put the bill in writing. A text that says "you owe me" isn't enough. Send an invoice that lists the contract price, change orders, payments and balance. Since August 1, 2026 that written payment request starts the owner's 35-day clock.3
- Call once, then send the demand letter. Ask what's wrong and when they'll pay, and write down the answer. Then send the demand letter by certified mail and email. A written request for performance puts the owner in default under the Civil Code, and a written demand that states the amount correctly starts the 30-day window for attorney fees on an open account.89
- Offer a payment plan if they're short. Get it in writing with dates and amounts. A plan doesn't stop the lien clock. If the payments run past day 60, file anyway and cancel the lien when the last one clears.
- Call a lawyer before a lien on anything more than a few thousand dollars, when the owner disputes the work in writing, and always before the lawsuit. Someone starting a painting company wrote that a friend "took him 6 months to get paid and he had to take a line of credit inorder to pay his painters."10 An hour of a lawyer's time costs less than that.
The Louisiana Private Works Act: the mechanics lien on a home
Louisiana's lien law is the Private Works Act. It gives "Contractors, for the price of their work" a privilege on the property, which is the state's word for a lien, and the claim it secures covers the price, interest and the filing fee. It doesn't secure attorney fees.11 Most of it was rewritten in 2019 and hasn't changed since. In 2025 the Law Institute proposed new homeowner rules (House Bill 140), but the bill stayed in committee, and I found no 2026 bill that touches the Act.12
Who can file, and the license rule
You can file if you contracted with the owner for all or part of the work. Your subs, laborers, suppliers and equipment lessors have their own claim, against the owner and against you.11 The claim against the owner is limited to the owners who signed your contract or agreed in writing to it.13
The license rule is strict. "No contractor who fails to obtain a license as provided for in this Chapter shall be entitled to file a statement of claim or a statement of lien or privilege" when the job required one.4 The chapter defines "license" as "any form of license or registration the board is authorized to issue," so a home improvement registrant who works without the registration loses the lien too. Courts go further. In Quaternary the First Circuit held the unlicensed contract "null and void" and repeated the Louisiana Supreme Court's rule that limits an unlicensed contractor "to the actual costs of their materials, services, and labor ... with no allowance for profit or overhead." Because the work was substandard, the company recovered nothing.14 Which license each job needs is on the Louisiana contractor license page, and the trade pages for electrical, plumbing, HVAC and roofing.
The notices before the job
The Notice of Lien Rights. This is the one most contractors have never heard of. Louisiana's Residential Truth in Construction Act covers improvements to a home "occupied by the owner thereof principally as a single-family dwelling or residence." Before or when the owner signs, "the contractor shall deliver to the owner ... written notice in substantially the following form," for the owner's signature:15
NOTICE OF LIEN RIGHTS
Delivered this ______ day of ________, 20___, by ______________, Contractor.
You are having work done on your home. Under Louisiana law, all those who work on your home, including the contractor, any subcontractors, and their employees, as well as all those who supply materials or equipment for the work, can file a lien against your home if they are not paid. They can also recover from you personally the amounts they are owed. This can occur even if you pay the contractor all amounts that you agreed to pay for the work.
You might protect yourself if you do one of the following:
(a) Before the work begins, have a written and signed contract with your contractor and have a payment bond issued. Before the work begins, make sure a notice of your contract and the bond are properly recorded in the parish mortgage records.
(b) When your contractor is paid make sure that all those who worked on your home or supplied materials or equipment have been paid in full. To do this, you might want to require the contractor to give you written lien waivers signed by all those who worked on your home or supplied materials or equipment, acknowledging that they have been paid.
If you have further questions, contact a lawyer.
By signing below, you acknowledge that you have been provided with this notice.
_____________________________________
Owner or Agent
_____________________________________
Date
Give the owner a signed copy. The notice isn't a condition of your contract, and skipping it doesn't take away your own lien. But if liens are filed against the house and you never gave it, the owner can recover "reasonable damages and attorney fees" from you, unless you bond the lien or pay the owner back.15 Copy the box above into your paperwork for the next job. (Our Louisiana contract template doesn't include it yet.)
The notice of contract. If the price is over $100,000, you lose the lien entirely unless a notice of contract, signed by you and the owner, is filed in the parish mortgage records before you start work.16 Below $100,000 it's optional. On a big remodel it's worth it: with a timely notice of contract, your deadline becomes seven months from substantial completion if the owner never files a notice of termination.1
The lien law itself doesn't require a written contract. The licensing law does for any job that needs a license or registration, and that's covered on the contract page.
The 60-day deadline, and what counts as the last day
Without a notice of contract you must file "no later than sixty days after: (1) The filing of a notice of termination of the work. (2) The substantial completion or abandonment of the work, if a notice of termination is not filed."1 The law says a job is substantially complete when either of two things happens:17
- "The last work is performed on, or materials are delivered to the site," or
- "The owner accepts the improvement or possesses or occupies the immovable ... although minor or inconsequential matters remain to be finished or minor defects or errors in the work are to be remedied."
So a punch-list visit or a warranty call after the owner has accepted the job doesn't buy you more time. Count from the earlier date. The final inspection isn't in the definition either. The roofer above wrote that the owner was blocking the county's final inspection, so "we aren't able to place a lien, or at least we think we can't."5 In Louisiana, don't wait for the inspection: count from your last day of real work.
Watch for a notice of termination. The owner files it in the mortgage records, and it can certify that the work is done, that the owner abandoned it, or that "The general contractor is in default." Your 60 days start the day it's filed, and nothing in the Act requires the owner to mail you a copy.1 If you've been fired or walked off a job, ask the parish clerk to search the mortgage records. You can also ask the owner to file one when the work is done: the owner has 10 days, and if they don't, you can ask the court for a judgment that does the same thing.1
How to file a mechanics lien in Louisiana
The statement of claim or privilege must be in writing and signed. It has to identify the property, "set forth the amount and nature of the obligation giving rise to the claim or privilege and reasonably itemize the elements comprising it," and name the owner who is liable. You don't need to attach invoices, and the statute doesn't require a notary.1 The owner's name and street address alone don't identify the property, so copy the description from the deed or the notice of contract.18
File it with the recorder of mortgages for the parish where the house is: the clerk of court, or in Orleans Parish the Land Records Division of the Civil District Court clerk.1819 The fee is set by statute: $100 for one to five pages. Orleans adds a $30 building fund fee. Page 1 needs a caption naming the document, a 2-inch top margin, 1-inch margins elsewhere, and type no smaller than 8 point.19
The Act doesn't require a contractor who dealt with the owner to serve a copy, but mail one anyway by certified mail. The Act treats a certified or registered letter as delivered when you mail it.20 You want the owner calling you, not finding out from a title search.
Enforce it within one year, or it dies
The lien and the claim are extinguished if you don't "institute an action against the owner for the enforcement of the claim or privilege within one year after filing the statement."2 Within the same year you also record a notice of pendency of action that refers to your statement, or the lien stops counting against buyers and lenders.21 That suit is a lawyer's job.
An overstated or wrongful lien
If your statement was improperly filed or the claim is extinguished, the owner can demand a written request to cancel it, and you have 10 days to deliver it. Refuse "without reasonable cause" and you're "liable for damages" plus "reasonable attorney fees."21 The owner can also clear the title by posting a bond, cash or certified funds for up to 125 percent of your claim.21 The worse risk is criminal: a prosecutor may infer residential contractor fraud from a contractor who "Knowingly makes a material misrepresentation of fact in any lien."7 So claim what's owed, itemized, and nothing more. When you're paid, give the release. Recording a cancellation costs $50.19
Subs and suppliers versus the prime contractor
Louisiana is hard on the prime. Your subs and suppliers can make a claim against the homeowner personally and put a lien on the house, even if the owner paid you in full. The only escape for the owner is a bond with a recorded notice of contract, which few homeowners have.11 You must indemnify the owner for those claims.11 And since August 1, 2026 you must pay each sub and supplier their share "no later than the seventh day after the date the contractor receives payment."3 Late payment carries the same 1.5 percent a month. Not paying for materials when the owner has paid you is also now a ground for discipline by the licensing board, and knowingly misapplying the money brings civil penalties of up to $1,000 for every $1,000.2223
If you're the sub or supplier, your window is the same 60 days, with three differences:
- Home jobs without a notice of contract: give the owner a notice of nonpayment with the amount and what it's for, at least ten days before you file, and your deadline becomes 70 days.1 The download has that notice.
- Jobs with a notice of contract: 30 days after a notice of termination, or six months after substantial completion, and you must deliver a copy of your statement to the owner.1
- Suppliers to a sub, equipment lessors and sub-subs have extra notices to give.24
Lien waivers: when to sign them
The Private Works Act has no required waiver form. The Notice of Lien Rights tells homeowners to ask for "written lien waivers signed by all those who worked on your home or supplied materials or equipment, acknowledging that they have been paid."15 So expect to be asked. Sign a waiver only for money that has reached your account, and say so in the waiver: the amount, the job, and "through" a date. A waiver handed over for a check that later bounces is a fight you don't need.
Other ways to get paid in Louisiana
Louisiana's prompt payment law, new for home jobs in 2026
Act 822 of 2026 rewrote R.S. 9:2784, effective August 1, 2026. The old version didn't apply to "improvements to immovable property used for residential purposes"; the new one does.3 Its rules:
- The owner pays "no later than thirty-five days following receipt of the written request," except amounts withheld "as authorized by law, the contract, or this Section."
- A late amount carries "a penalty at the rate of one and one-half percent of the unpaid amount per month," unless there's a good faith dispute. The legislature's own summary of the Act says "per day"; the Act says per month.
- In a good faith dispute the owner still pays the undisputed part on time, and the dispute "may include a dispute regarding whether the work was performed in a proper manner."
- A waiver of these rules "shall be absolutely null," but a written contract for a single-family residence may give the owner up to 61 days.
- In a suit under the section, "The court shall award court costs and reasonable attorney fees to the prevailing party." That cuts both ways: lose and you may pay the owner's lawyer.
If your contract was signed before August 1, ask a lawyer whether the new version reaches it.
Interest and attorney fees
Interest runs on a late payment from the day it's due, "at the rate agreed by the parties or, in the absence of agreement, at the rate of legal interest."25 That legal rate is 7.5 percent a year for 2026, set each year by the commissioner of financial institutions. The 2027 rate takes effect January 1.26 An agreed rate must be in writing and generally can't exceed 12 percent a year. Consumer credit rules can apply if you're financing a homeowner's job, so let your lawyer write that clause.25
Attorney fees come from three places. A written contract that makes the owner liable for them "in a fixed or determinable amount."25 The prompt payment law above. And the open account statute: if the owner doesn't pay within 30 days after a written demand "correctly setting forth the amount owed," you can recover reasonable attorney fees when you win.9 In 2008 the Louisiana Supreme Court applied it to a single $4,684 plumbing repair at a home and rejected the argument that one job can't be an open account.27 If yours is a big job under a detailed contract, ask your lawyer how the court in your parish treats it.
Small claims: the $5,000 limit
Louisiana's small claims limit is $5,000, not counting interest, court costs, attorney fees or penalties. City courts run small claims divisions with relaxed rules of evidence, and justice of the peace courts hear cases up to the same amount.28 The statute sets a $35 filing fee, but courts add their own costs: Baton Rouge City Court lists $85.50 for one defendant, plus service.29 The First City Court of New Orleans warns that "There is no appeal to a small claims Judgment."30
Winning isn't the same as getting paid. As one reply in that roofing thread put it, "Just because you win in small claims doesn't mean you get paid, you still have to collect."31 Record the judgment in the parish mortgage records and it becomes a judicial mortgage, which burdens the owner's real estate. The judgment lasts ten years and can be revived. Louisiana's homestead exemption doesn't shield a home from a debt for labor and materials furnished to improve it.32
A collection agency
An agency keeps a share of what it collects, which can make sense on a small balance you'd otherwise write off. Use one that is registered: Louisiana requires collection agencies to register with the Secretary of State.33 Don't hand over a debt you're also suing on without telling your lawyer.
Card chargebacks
If the customer paid by card and then disputes the charge, answer the dispute in your card processor with the signed quote, change orders, the invoice and photos, before its deadline.
By trade
Roofers: the deductible and the claim check
One contractor whose customer paid everything but the $2,500 deductible wrote, "I feel like maybe I should just let it slide."34 In Louisiana you can't. A contractor paid from a claim may not "Pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible," with a fine of up to $500 per offense.35 Collect it like any other payment, and lien for it like any other balance. One roofer's habit: "I always collect a separate check for the deductible with deductible written in the memo line."36 Write the contract so the owner owes the price whether or not the insurer pays, as section 14.4 of our Louisiana contract template does. The claim rules for roofers, including who may negotiate with the insurer, are on the Louisiana roofing insurance claim page.
Electricians, plumbers and HVAC contractors: bill by stage, and don't wait on the inspection
On anything bigger than a service call, bill in stages you can point to: a deposit for equipment, rough-in after the inspection passes, the balance at trim-out or start-up. Each stage invoice is a written payment request with its own 35-day clock.3 If the owner holds up the final inspection, remember the lien clock runs from your last day of work, not from the inspector's visit.17 And plumbers: on January 1, 2027 plumber and plumbing contractor licensing moves to the LSLBC under Act 908 of 2026.37 The no-lien rule follows whatever license the job needs, so check the plumbing license page before you bid in January.
General contractors and remodelers: the punch list holding the final payment
The classic case: a concrete contractor wrote that after one repair, "the client is still unhappy and is refusing to pay the remaining $6,000 balance for the entire project because of that crack."38 Two Louisiana rules help. A good faith dispute lets the owner hold back only the disputed amount, not the whole balance.3 And open punch-list items don't stop the job from being substantially complete, so your 60 days may already be running while you argue about the crack.17 Bill the undisputed amount on its own invoice the same week.
What to do this week if a customer owes you now
- ☐ Write down your last day of work and the date the owner accepted or moved into the work. Day 60 from the earlier one is your filing deadline. Put day 45 on your calendar.
- ☐ Ask the parish clerk whether a notice of termination or a notice of contract was filed on the property.
- ☐ Confirm you held the license or registration the job needed. If you didn't, call a lawyer before anything else.
- ☐ Pull the file: signed contract or quote, change orders, invoices with the dates you sent them, payments, photos, texts.
- ☐ If you never sent a written invoice for the balance, send one today.
- ☐ Call the owner once. Ask what's wrong and when they'll pay. Write it down.
- ☐ Send the demand letter by certified mail and email, with the exact balance.
- ☐ If they're short, agree a written payment plan, and keep the lien date anyway.
- ☐ By day 45 without payment, prepare the statement of claim. File it with the parish clerk by day 60 ($100) and mail the owner a copy.
- ☐ If you're the prime and the owner paid you, pay your subs and suppliers within 7 days.
- ☐ Lien filed? Put the one-year lawsuit date on your calendar and call a lawyer now, not in month eleven.
The demand letter and deadline worksheet
The download has three parts:
- A demand letter with the balance table, the prompt payment and open account paragraphs, a notice of intent to file a statement of claim or privilege in the parish mortgage records, and a payment plan offer. Louisiana sets no required wording for a contractor's intent-to-lien notice, so it's in plain words. There's an optional notice of nonpayment for subs and suppliers on home jobs.
- A deadline worksheet: your last day of work, then each deadline in days with a blank for the date, the statute and a box to tick, plus a checklist for the statement itself.
- Notes for you on the rules that catch contractors and when to call a lawyer.
Copy it in Google Docs, or download the Word file or the PDF.
More for new contractors
- How to find work as a new contractor: where your first customers come from, with a free first customers plan.
- Angi vs Thumbtack: should you pay for leads yet, with a free lead cost calculator.
- Google Business Profile for contractors: setup, verification and your first reviews, with a free checklist.
- How much to set aside for taxes: self-employment tax, quarterly payments and your state, with a free calculator.
- Hiring your first employee: W-2 or 1099, workers comp and what a helper really costs, with a free checklist.
- Contractor insurance: what you need from day one, what it costs and what can wait, with a free checklist.
- Punch list template: stop a small list holding your final payment.
Where Deepsel fits
Deepsel is free estimate, invoice and scheduling software for contractors, and it helps with the paper trail this article keeps asking for. Every invoice gets a due date from your shop setting, shows as overdue once it passes, and counts in your outstanding and overdue totals. You can email it again with a note, and Deepsel logs each email with its date, which helps when you need to show when the owner got your written payment request. The customer can pay the balance by card from a link, and you record checks, cash, bank transfers, Zelle or Venmo as partial payments, so the balance in your demand letter matches your books. A shop-wide invoice footer goes on every invoice, so your payment terms are always on it. On the quote side, the customer approves and signs on screen, and Deepsel keeps the name, the signature and the time. It doesn't send automatic overdue reminders, add late fees or interest, track lien deadlines or file anything: the worksheet is your clock. Sending invoices by text is part of the Max plan. The Free plan covers 30 estimates and 30 invoices a month for your whole team, with scheduling and dispatch, quotes, invoicing, card payments, and customer and equipment records. Pro is $29 a month with unlimited estimates and invoices. Details are on the pricing page.
Free up to 30 estimates and 30 invoices a month, then $29 a month for your whole team. No credit card required.Frequently asked questions
How long do you have to file a mechanics lien in Louisiana?
A contractor who dealt directly with the owner has 60 days to file a statement of claim or privilege. The 60 days run from the day the owner files a notice of termination or, if none is filed, from substantial completion or abandonment of the work (La. R.S. 9:4822(A)). If you filed a notice of contract before work began and the owner never files a notice of termination, you get seven months from substantial completion instead (9:4822(C)). Subs and suppliers on a home job can stretch theirs to 70 days by giving the owner a notice of nonpayment first (9:4822(D)). After filing, you have one year to sue or the lien dies (9:4823).
How do I file a mechanics lien in Louisiana, and what does it cost?
Write a statement of claim or privilege: signed, with the property description from the deed, the amount and what it's for, itemized, and the owner who signed your contract (La. R.S. 9:4822(H)). File it with the clerk of court of the parish where the house is, who keeps the mortgage records (9:4831). The recording fee is $100 for one to five pages (R.S. 13:844), and Orleans Parish adds a $30 building fund fee. The law doesn't require a notary. Mail the owner a copy by certified mail the same week.
Can an unlicensed contractor file a lien in Louisiana?
No, not on a job that needed a license or registration from the State Licensing Board for Contractors. R.S. 37:2159(D) bars a contractor who failed to get one from filing a statement of claim or privilege, and the Chapter defines license to include registration, so home improvement registrants are covered. The courts go further: the contract is void, and the unlicensed contractor can recover only actual costs of materials, services and labor, with no profit or overhead, and nothing at all if the work was substandard (Quaternary Resource Investigations v. Phillips, La. App. 1 Cir. 2020).
How long does a homeowner have to pay a contractor in Louisiana?
Since August 1, 2026, 35 days from receiving a written payment request, unless part of it is withheld as the law or the contract allows (La. R.S. 9:2784, as amended by Act 822 of 2026). A written contract for a single-family home can stretch that to 61 days. Without a good faith dispute, a late amount carries a penalty of 1.5 percent a month, and the court awards attorney fees to whoever wins a suit over it. Your contract can still make each payment due sooner; the statutory penalty starts after day 35.
What is the small claims limit in Louisiana?
$5,000, not counting interest, court costs, attorney fees or penalties (La. R.S. 13:5202). City courts run the small claims divisions, and justice of the peace courts hear cases up to the same $5,000 (Code of Civil Procedure article 4911). Fees vary by court: Baton Rouge City Court lists $85.50 for one defendant. The First City Court of New Orleans tells filers there is no appeal from a small claims judgment.
Can a homeowner refuse to pay a contractor for poor work in Louisiana?
They can withhold the amount they dispute in good faith, and Louisiana's prompt payment law says a good faith dispute may include whether the work was done properly. But they must still pay the part that isn't in dispute on time (La. R.S. 9:2784(C)). Ask the owner to put the problem in writing, go back and look, and bill the undisputed amount separately.
How long does a judgment last in Louisiana?
Ten years from signing, and you can revive it before then as often as you want (Civil Code article 3501). Recording the judgment in the parish mortgage records creates a judicial mortgage on the debtor's real estate (articles 3300 and 3302), and Louisiana's homestead exemption doesn't protect a home from a debt for labor and materials furnished to improve it (R.S. 20:1(C)(2)).
Is there a Google Docs, Word or PDF version of the demand letter?
All three, free. The Google Docs link makes a copy in your own Drive, the .docx opens in Word, and the PDF prints as is. It has the demand letter with a notice of intent to file a lien, an optional notice of nonpayment for subs and suppliers, and the deadline worksheet.
Sources
- La. R.S. 9:4822, "Preservation of claims and privileges" - (A) "no later than sixty days after: (1) The filing of a notice of termination of the work. (2) The substantial completion or abandonment of the work, if a notice of termination is not filed"; (B) 30 days or six months for subs with a notice of contract, and a copy to the owner; (C) a general contractor with a notice of contract, 60 days after a notice of termination or "Seven months after the substantial completion"; (D) residential work, notice of nonpayment at least ten days before filing, 70 days; (E) notice of termination contents, including "(c) The general contractor is in default"; (F) owner files within ten days of the general contractor's request, or summary proceeding; (H) contents of the statement. legis.la.gov, read November 4, 2026 (last amended by Acts 2019, No. 325).
- La. R.S. 9:4823(A)(2), "Extinguishment of claims and privileges" - extinguished if the claimant "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." legis.la.gov, read November 4, 2026.
- Act 822 of the 2026 Regular Session (House Bill 638), amending La. R.S. 9:2784, "Prompt payment by owners to contractors; prompt payment to subcontractors and suppliers": (A) 35 days after "receipt of the written request"; (B) subs and suppliers paid "no later than the seventh day"; (C) undisputed amounts and good faith disputes; (D)(1) "one and one-half percent of the unpaid amount per month"; (E) waiver "absolutely null", up to sixty-one days for a single-family residence; (F) attorney fees "to the prevailing party". The struck text includes the old exclusion for "improvements to immovable property used for residential purposes." Enrolled Act, legis.la.gov; codified section, legis.la.gov; bill history ("Effective date: 08/01/2026"), legis.la.gov; Résumé Digest (which says "per day"), legis.la.gov. All read November 4, 2026.
- La. R.S. 37:2159(D) - "No contractor who fails to obtain a license as provided for in this Chapter shall be entitled to file a statement of claim or a statement of lien or privilege with respect to monetary sums allegedly owed under any contract, whether express, implied, or otherwise, when any provision of this Chapter requires that the contractor possess a license," legis.la.gov; La. R.S. 37:2150.1(12), "'License' means any form of license or registration the board is authorized to issue," legis.la.gov. Both read November 4, 2026.
- Reddit, r/Roofing, u/managua505, "Customer refuses to pay. What should we do?", March 24, 2025, and the same poster's reply "He's not allowing the county to do the final inspection. Therefore, we aren't able to place a lien, or at least we think we can't from what we've read"; top reply by u/jibaro1953, "Slap a lien on the house." reddit.com, read November 4, 2026.
- Louisiana Civil Code article 2022, "Refusal to perform" ("if the performances are due simultaneously"), legis.la.gov; article 2023, "Security for performance" (a party "may demand in writing that adequate security be given and, upon failure to give that security, that party may withhold or discontinue his own performance"), legis.la.gov. Read November 4, 2026.
- La. R.S. 14:202.1, "Residential contractor fraud; penalties" - inference when a person "(1) Fails to perform any work during a forty-five-day period of time or longer after receiving payment, unless a longer period is specified in the contract" or "(5) Knowingly makes a material misrepresentation of fact in any lien placed upon the property at issue." legis.la.gov, read November 4, 2026.
- Louisiana Civil Code article 1991, "Manners of putting in default" - "by a written request of performance." legis.la.gov, read November 4, 2026.
- La. R.S. 9:2781, "Open accounts; attorney fees" - (A) reasonable attorney fees when a person "fails to pay an open account within thirty days after the claimant sends written demand therefor correctly setting forth the amount owed"; (B) a first-class mail copy is evidence of demand; (D) an open account includes any past-due account "whether or not the account reflects one or more transactions." legis.la.gov, read November 4, 2026.
- Reddit, r/paint, u/jones_dr, "Starting a painting company - have heard horror stories about AR!", December 5, 2025. reddit.com.
- La. R.S. 9:4801 (privilege for "Contractors, for the price of their work"), 9:4802 (claims of subcontractors, laborers, sellers and lessors "against the owner and ... against the contractor"; (C) owner relieved only with a bond and a filed notice of contract; (F) "A contractor shall indemnify the owner for claims against the owner arising from the work") and 9:4803 ((A)(1) principal, interest and filing fees; (C) no attorney fees). 9:4801, 9:4802, 9:4803, legis.la.gov, read November 4, 2026.
- 2025 House Bill 140 (Farnum, on recommendation of the Louisiana State Law Institute), rewriting R.S. 9:4851-4855: "Pending House Civil Law and Procedure - Considered 5/6/25," legis.la.gov; House Concurrent Resolution 80 of 2024 (Law Institute study of homeowners paying twice), legis.la.gov. Every section of R.S. 9:4801-4858 shows Acts 2019, No. 325 or earlier as its last change; searches of the legislature's site for 2026 bills on the Act found none. Read November 4, 2026.
- La. R.S. 9:4806(B) - claims against an owner "limited to the owner or owners who have contracted with the contractor" or agreed in writing. legis.la.gov, read November 4, 2026.
- Quaternary Resource Investigations, LLC v. Phillips, 2018 CA 1543 (La. App. 1 Cir. 11/19/20) - "Any contract made in violation of the Contractors Licensing Law is null and void"; citing Boxwell v. Department of Highways, 14 So. 2d 627 (La. 1943), "the Supreme Court limits the recovery of unlicensed contractors to the actual costs of their materials, services, and labor in the absence of a contract or in the case of a null contract, with no allowance for profit or overhead"; recovery denied under the "substandard work exception." law.justia.com, read November 4, 2026.
- La. R.S. 9:4851 to 9:4855, Residential Truth in Construction Act - (4851) "nonwaivable", improvements to property "occupied by the owner thereof principally as a single-family dwelling or residence"; (4852) the NOTICE OF LIEN RIGHTS form, delivered "Prior to or at the time of entering into a contract," and "(B) The notice herein required shall not be considered a condition of the construction contract"; (4853) signed copy to the owner; (4854) lien rights unaffected; (4855) "reasonable damages and attorney fees" if liens are perfected and the contractor failed to comply, unless bonded or reimbursed. 4851, 4852, 4853, 4854, 4855, legis.la.gov, read November 4, 2026.
- La. R.S. 9:4811, "Notice of a contract with a general contractor to be filed" - filed "before the contractor begins work," signed by owner and contractor; (D) no privilege when the price "exceeds one hundred thousand dollars unless notice of the contract is timely filed." legis.la.gov, read November 4, 2026.
- La. R.S. 9:4809, "Substantial completion and abandonment of work defined," legis.la.gov; 9:4810(8), "residential work" is a single-family or double-family residence, legis.la.gov. Read November 4, 2026.
- La. R.S. 9:4831, "Filing; place of filing; contents" - filed "with the recorder of mortgages of the parish of location 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." legis.la.gov, read November 4, 2026.
- La. R.S. 13:844, "Fees of ex officio recorders" - "(a) For one to five page documents, one hundred dollars"; "(g) ... fifty dollars for the recordation of an act or affidavit to cancel a single mortgage, lien, or privilege"; (B)(2) caption, margins and type size. legis.la.gov. Orleans Parish Civil District Court Clerk, Land Records Division fee schedule ($100 for 1-5 pages; $30 building fund fee). orleanscivilclerk.com. Both read November 4, 2026.
- La. R.S. 9:4842 to 9:4845, delivery of communications - certified or registered mail "deemed to have been given or delivered when it is properly deposited in the United States mail"; email only to a recipient who consented. 9:4844, 9:4845, legis.la.gov, read November 4, 2026.
- La. R.S. 9:4833 - written request for cancellation within ten days of the owner's request; "without reasonable cause" failure, "liable for damages ... and for reasonable attorney fees"; (E) notice of pendency of action within one year after filing the statement. La. R.S. 9:4835 - bond, cash or certified funds up to 125 percent of the claim. 9:4833, 9:4835, legis.la.gov, read November 4, 2026.
- Act 757 of the 2026 Regular Session (Senate Bill 326), enrolled, adding La. R.S. 37:2158(A)(26): "Failure to pay for materials or services rendered in connection with operating as a contractor when the contractor has received sufficient funds as payment for the construction work, project, or operation for which the services or materials were rendered or purchased." Effective August 1, 2026. legis.la.gov, read November 4, 2026.
- La. R.S. 9:4856, "Contractors; misapplication of payments prohibited; civil penalties" - $250 to $750 when $1,000 or less is misapplied, $500 to $1,000 "for each one thousand dollars in misapplied funds," plus attorney fees. legis.la.gov, read November 4, 2026.
- La. R.S. 9:4804, "Notices required of certain claimants" - lessors, sellers to subcontractors when a notice of contract is filed (75 days after the end of the delivery month), professional consultants, and sub-subcontractors (30 days before suing the contractor). legis.la.gov, read November 4, 2026.
- Louisiana Civil Code article 2000 - interest "from the time it is due, at the rate agreed by the parties or, in the absence of agreement, at the rate of legal interest"; attorney fees when a written contract makes the obligor liable "in a fixed or determinable amount," legis.la.gov. La. R.S. 9:3500 - legal interest at the judicial rate; "(C)(1) The amount of the conventional interest cannot exceed twelve percent per annum. The same must be fixed in writing," with consumer credit transactions treated separately, legis.la.gov. Read November 4, 2026.
- La. R.S. 13:4202(B), judicial interest set yearly by the commissioner of financial institutions, legis.la.gov; Louisiana Office of Financial Institutions, "Judicial Interest Rates" (January 1 to December 31, 2026: 7.50%), ofi.la.gov. Read November 4, 2026.
- Frey Plumbing Co. v. Foster, 2007-CC-1091 (La. 2/26/08) - a $4,684 invoice for repairing an underground pipe at a residence; the trial court's "first and only transaction" reasoning "is unquestionably in conflict with the language of La. R.S. 9:2781(D)"; reversed. lasc.org, read November 4, 2026.
- La. R.S. 13:5202(A), small claims jurisdiction where the amount "does not exceed five thousand dollars, exclusive of interest, court costs, attorney fees, or penalties," legis.la.gov; 13:5203 (relaxed evidence, no discovery), legis.la.gov; 13:5205 ($35 per defendant), legis.la.gov; Code of Civil Procedure article 4911 (justice of the peace courts, $5,000), legis.la.gov. Read November 4, 2026. A 2026 bill to change the justice of the peace limit (House Bill 1147) stayed in committee.
- Baton Rouge City Court, Civil and Small Claims FAQs: "The cost to file a Small Claims suit is $85.50 for one defendant and $35 per each additional defendant." brla.gov, read November 4, 2026.
- First City Court of New Orleans, "Small Claims Instructions": "The most you can sue for is $5,000.00"; "There is no appeal to a small claims Judgment." orleanscdc.squarespace.com, read November 4, 2026.
- Reddit, r/Roofing, u/cowabungathunda, reply in "Customer refuses to pay. What should we do?", March 24, 2025. reddit.com, read November 4, 2026.
- Louisiana Civil Code article 3300 ("A judicial mortgage is created by filing a judgment with the recorder of mortgages"), legis.la.gov; article 3302 (judicial mortgages "burden all the property of the obligor that is made susceptible of mortgage"), legis.la.gov; article 3501 (money judgment prescribed in ten years, revivable), legis.la.gov; La. R.S. 20:1(C)(2) (the homestead exemption does not apply "For labor, money, and material furnished for building, repairing, or improving the homestead"), legis.la.gov. Read November 4, 2026.
- Louisiana Office of Financial Institutions, "Collection Agencies": Act 534 of 2006 "requires a Collection Agency to register with the Louisiana Secretary of State." ofi.la.gov, read November 4, 2026.
- Reddit, r/Contractor, u/Ok_Map6246, "Customer didn't pay deductible? Needs time", November 1, 2026. reddit.com, read November 4, 2026.
- La. R.S. 51:451 - no seller paid from a property insurance claim may "Pay, waive, absorb, or otherwise decline to charge or collect the amount of the insured's deductible"; fine of up to $500 or 30 days, or both, "for each offense." legis.la.gov, read November 4, 2026.
- Reddit, r/Roofing, u/Such_Bus_4930, August 6, 2024. reddit.com.
- Act 908 of the 2026 Regular Session (House Bill 953), Résumé Digest: licensing by the State Licensing Board for Contractors of "plumbing contractors who may offer or contract to undertake plumbing work"; "Certain provisions of new law effective January 1, 2027." legis.la.gov, read November 4, 2026.
- Reddit, r/Contractor, u/Oclasus, "Client withholding $6,000 over a small crack in a concrete patio. Suggestions?", October 8, 2026. reddit.com, read November 4, 2026.