In this summer’s session, the legislature made three changes to Louisiana construction law.

The Private Works Act

In Act No. 277, the Louisiana legislature amended La. R.S. 9:4822(G)(4), part of the Private Works Act, to change the notice required in order to preserve a claim or privilege.  Now, a claimant is not required to attach copies of unpaid invoices unless the statement of claim or privilege specifically states that the invoices are attached.  While this does not affect what the claimant has to prove at trial, it does make it less onerous to preserve the claim in the first place.

Act. No. 357 amends La. R.S. 9:4802(G)(1) to provide that a lessor of movables need not provide the owner and contractor with a copy of the lease; instead, the notice must contain the name and mailing address of the lessor and lessee, a description sufficient to identify the movable property placed at the site of the immovable for use in a work, the term of rental, and terms of payment and be signed by the lessor and lessee.  Although a copy of the lease is no longer required, it may still satisfy the new requirements.

Increased Renewal Fee for Licensed Contractors

Act No. 195 amends La. R.S. 37:2156(C) to require a $100 fee be assessed on every renewal license issued to contractors.  Contractors may choose not to participate in the new fee by opting out on the license renewal form.  The fees collected will be distributed to Louisiana colleges and universities with construction management and/or technology programs.  Previously, contractors could instead opt to make a donation to these programs rather than having to opt out of a mandatory fee.  

* * *

While these are primarily smaller changes to Louisiana construction law, contractors and developers should still check in with legal counsel to make sure they are covered.

Allen & Gooch is providing this legal update for informational purposes only. This article should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. You should consult your own attorney concerning your particular situation and any specific legal questions you may have.