Louisiana Public Time Frames

Step 1: Notice

Suppliers: If materials are supplied to a subcontractor: Notice of nonpayment of the claim to both the owner and the prime contractor within 75 days of the last day of EACH MONTH OF FURNISHING in which the material was delivered to the site. (see speed bump J Reed Constructors, Inc. v. Roofing Supply Group, LLC)

Step 2: File Statement

File sworn statement of amount due with the governing authority and notify the prime contractor within 45 days after recordation of acceptance of the entire project or notice of default. In February of 2016 a Court’s decision in interpreting LA Public Works Act is unfavorable to material suppliers. Gootee Construction vs. Dale N. Atkins in the Louisiana Fourth Circuit Court of Appeals ruled that a lien on a public project must be filed after the filing of the notice of substantial completion and before the expiration of the lien period 45 days thereafter. (see speed bumps)

Step 3: Suit Against Bond

Action must be brought against the surety/contractor within one year from recordation of acceptance of work or notice of contractor’s default.