Title 9, Civil Code-Ancillaries
0 chapters · 2,355 sections in this title.
La. Rev. Stat. § 9:4809 Substantial completion and abandonment of work defined
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§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 ter…
La. Rev. Stat. § 9:4810 Miscellaneous definitions
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§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…
La. Rev. Stat. § 9:4811 Notice of a contract with a general contractor to be filed
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§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) Sh…
La. Rev. Stat. § 9:4812 Bond required; terms and conditions
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§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 sha…
La. Rev. Stat. § 9:4813 Liability of the surety
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§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…
La. Rev. Stat. § 9:4814 Redesignated as R.S
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§4814. Redesignated as R.S. 9:4856 pursuant to Acts 2019, No. 325.
La. Rev. Stat. § 9:4815 Redesignated as R.S
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§4815. Redesignated as R.S. 9:4857 pursuant to Acts 2019, No. 325.
La. Rev. Stat. § 9:4820 Privileges; effective date
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§4820. Privileges; effective date A. Except as otherwise provided in this Part, the privileges granted by this Part arise and are effective as to third persons when the earlier of the following occurs: (1) Notice of the contract is filed as required by R.S. 9:4811. (2) The work i…
La. Rev. Stat. § 9:4821 Ranking of privileges arising under this Part
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§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…
La. Rev. Stat. § 9:4822 Preservation of claims and privileges
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§4822. Preservation of claims and privileges A. Except as otherwise provided in Subsections B, C, and D of this Section, a person granted a privilege under R.S. 9:4801 or a claim and privilege under R.S. 9:4802 shall file a statement of his claim or privilege no later than sixty …
La. Rev. Stat. § 9:4823 Extinguishment of claims and privileges
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§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) Th…
La. Rev. Stat. § 9:4831 Filing; place of filing; contents
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§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 file…
La. Rev. Stat. § 9:4832 Cancellation of notice of contract
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§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 …
La. Rev. Stat. § 9:4833 Request to cancel the inscription of claims and privileges; cancellation; notice of
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§4833. Request to cancel the inscription of claims and privileges; cancellation; notice of pendency of action A.(1) If a statement of claim or privilege is improperly filed or if the claim or privilege preserved by the filing of a statement of claim or privilege is extinguished, …
La. Rev. Stat. § 9:4834 Notice of contract; cessation of effect, reinscription
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§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…
La. Rev. Stat. § 9:4835 Filing of bond or other security; cancellation of statement of claim or privilege or
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§4835. Filing of bond or other security; cancellation of statement of claim or privilege or notice of pendency of action A. If a statement of claim or privilege or a notice of pendency of action is filed, any interested person may deposit with the recorder of mortgages either a b…
La. Rev. Stat. § 9:4841 Enforcement of claims and privileges; concursus
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§4841. Enforcement of claims and privileges; concursus A. After the period provided by R.S. 9:4822 for the filing of statements of claims or privileges has expired, the owner or any other interested person may convoke a concursus and shall cite all persons who have preserved thei…
La. Rev. Stat. § 9:4842 Delivery of communications or documents
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§4842. Delivery of communications or documents Delivery of a communication or document required or permitted by this Part to be given or delivered is accomplished when the communication or document is received in accordance with R.S. 9:4843 by the person to whom it is sent or whe…
La. Rev. Stat. § 9:4843 Receipt of communications or documents
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§4843. Receipt of communications or documents A communication or document is received when it comes into the possession of the person to whom it is sent or of a person authorized by him to receive it. Acts 2019, No. 325, §1. NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding…
La. Rev. Stat. § 9:4844 Delivery by mail or commercial courier
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§4844. Delivery by mail or commercial courier A. A communication or document required or permitted by this Part to be given or delivered shall be deemed to have been given or delivered when it is properly deposited in the United States mail for delivery to the intended recipient …
La. Rev. Stat. § 9:4845 Delivery by electronic means
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§4845. Delivery by electronic means A communication or document required or permitted by this Part to be given or delivered shall be deemed to have been given or delivered when it is delivered by electronic means to a recipient who has consented to that method of delivery of comm…
La. Rev. Stat. § 9:4846 Proof of delivery of movables; prima facie evidence
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§4846. Proof of delivery of movables; prima facie evidence Proof of delivery of movables at the site of the immovable by a claimant asserting a claim or privilege under R.S. 9:4801(3) or 4802(A)(3) is prima facie evidence that the movables became component parts of the immovable,…
La. Rev. Stat. § 9:4851 Scope; definition
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§4851. Scope; definition A. The provisions of this Subpart and the notice required to be given herein shall be nonwaivable and shall be applicable to all residential home improvements and shall be read and construed in pari materia with the other provisions of this Part. B. For t…
La. Rev. Stat. § 9:4852 Notice
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§4852. Notice A. Prior to or at the time of entering into a contract for residential home improvements under the provision of this Subpart, the contractor shall deliver to the owner or his authorized agent, for such owner's or agent's signature, written notice in substantially th…
La. Rev. Stat. § 9:4853 Copies of notice
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§4853. Copies of notice A. A copy of the signed notice shall be given to the owner or agent who has affixed his signature thereto. B. Every person who may be entitled to lien rights against the residential property for work to be done or material to be furnished pursuant to this …
La. Rev. Stat. § 9:4854 Lien rights unaffected
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§4854. Lien rights unaffected Nothing contained in this Subpart shall abrogate or interfere with the lien rights of any person otherwise entitled thereto pursuant to the provisions of this Part. Added by Acts 1976, No. 237, §1.
La. Rev. Stat. § 9:4855 Penalty for violation
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§4855. Penalty for violation In the event any liens are perfected under the provisions of this Part against any immovable property for work or improvements covered under the provisions of this Subpart and the contractor has failed to comply with the provisions of this Subpart, or…
La. Rev. Stat. § 9:4856 Contractors; misapplication of payments prohibited; civil penalties; payment of
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§4856. Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs A. No contractor, subcontractor, or agent of a contractor or subcontractor, who has received money on account of a contract for the construction, erection, or re…
La. Rev. Stat. § 9:4857 Escrow of funds due under contract; procedures
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§4857. Escrow of funds due under contract; procedures A. When, under the provisions of this Part, a contract in the amount of fifty thousand dollars or more is entered into between an owner and a contractor and if in accordance with the terms of such contract funds earned by the …
La. Rev. Stat. § 9:4858 Contractor's retainage bond
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§4858. Contractor's retainage bond A. The contractor may elect to furnish at the contractor's cost and without offset of the cost against the retainage amount a retainage bond equal to and in lieu of the amount of the retainage required by the contract whenever a contract between…
La. Rev. Stat. § 9:4861 Definitions
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§4861. Definitions For purposes of this Part: (1) A "claimant" is a person who is owed an obligation secured by the privilege established by R.S. 9:4862. (2) "Hydrocarbons" are oil and gas occurring naturally in the earth and any other valuable liquid or gaseous substance found a…
La. Rev. Stat. § 9:4861.1 [Blank]
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§4861.1. [Blank]
La. Rev. Stat. § 9:4861.2 [Blank]
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§4861.2. [Blank]
La. Rev. Stat. § 9:4862 Privilege for labor, services, or supplies
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§4862. Privilege for labor, services, or supplies A. The following persons have a privilege over the property described in R.S. 9:4863 to secure the following obligations incurred in operations: (1) A contractor for the price of his contract for operations. (2) A contractor for t…
La. Rev. Stat. § 9:4863 Property subject to the privilege
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§4863. Property subject to the privilege A. Except as limited by Subsections B, C, and D of this Section, the privilege given by R.S. 9:4862 is established over: (1) The operating interest under which the operations giving rise to the claimant's privilege are conducted together w…
La. Rev. Stat. § 9:4864 When the privilege is established and when it is extinguished
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§4864. When the privilege is established and when it is extinguished A. The privilege in favor of a claimant is established and is effective as to a third person when: (1) The claimant, who is a contractor, laborer, or employee begins rendering services at the well site. (2) Mova…
La. Rev. Stat. § 9:4865 Cessation of effect as to certain third persons
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§4865. Cessation of effect as to certain third persons A. A privilege ceases to have effect against a third person one hundred-eighty days after the last activity or event which gives rise to the privilege unless: (1) The property subject to the privilege is not a drilling or oth…
La. Rev. Stat. § 9:4866 Extinction as to movable property
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§4866. Extinction as to movable property A privilege, if not otherwise extinguished, is extinguished as to movable property other than hydrocarbons, the obligations and proceeds derived from the disposition of hydrocarbons, and drilling or other rigs, when the property is transfe…
La. Rev. Stat. § 9:4867 Notice to operator
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§4867. Notice to operator A. A privilege is extinguished over the property upon which it is established, other than a drilling or other rig not owned by the operator, unless a statement of the claimant's privilege is delivered to the operator within the time specified in R.S. 9:4…
La. Rev. Stat. § 9:4868 Statement of privilege; form and content
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§4868. Statement of privilege; form and content A. A statement of privilege must be in writing, signed by or on behalf of the claimant, and contain all of the following information: (1) The name and address of the claimant. (2) The amount and nature of the obligation for which th…
La. Rev. Stat. § 9:4869 Purchaser of hydrocarbons; effect of privilege and notices required
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§4869. Purchaser of hydrocarbons; effect of privilege and notices required A. The privilege established by R.S. 9:4863(A)(3) and (4) over hydrocarbons, the amount due for their price, and their proceeds is extinguished or becomes ineffective as to a third person in the manner pro…
La. Rev. Stat. § 9:4870 Ranking of privileges
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§4870. Ranking of privileges A. The privileges given by this Part are of equal rank and priority, except that the privilege of a contractor is inferior to that of a person to whom the contractor is contractually bound or to whom a contractor or subcontractor of such a contractor …
La. Rev. Stat. § 9:4871 Enforcement of claims and privileges
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§4871. Enforcement of claims and privileges A claimant may enforce his privilege by a writ of sequestration, without the necessity of furnishing security. Acts 1995, No. 962, §1.
La. Rev. Stat. § 9:4872 Filing of bond or other security; cancellation of statement of privilege or notice of pendency of action
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§4872. Filing of bond or other security; cancellation of statement of privilege or notice of pendency of action A. If a statement of privilege or a notice of pendency of action is filed, any interested person may deposit with the recorder of mortgages of the parish where the oper…
La. Rev. Stat. § 9:4873 Delivery of movables to well site; burden of proof
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§4873. Delivery of movables to well site; burden of proof Proof of delivery of movables to a well site by a claimant asserting a privilege under the provisions of R.S. 9:4862(A)(5) is prima facie evidence that the movables were incorporated in a well or in a facility located on t…
La. Rev. Stat. § 9:4881 Definitions
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§4881. Definitions For purposes of this Subpart: (1) The terms defined in R.S. 9:4861 have the same meaning in this Subpart, unless they are differently defined in this Section. (2) A "non-operator" is a lessee other than the operator. (3) An "operator" is a lessee who is conduct…
La. Rev. Stat. § 9:4882 Privilege of the operator and non-operator
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§4882. Privilege of the operator and non-operator A. The operator has a privilege over the property described in R.S. 9:4883 to secure payment of all obligations incurred in the conduct of operations which the non-operator is personally bound to pay or reimburse. B. A non-operato…
La. Rev. Stat. § 9:4883 Property subject to the privilege
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§4883. Property subject to the privilege A. A privilege given by this Subpart is established over the interest of the operator or non-operator in the following property: (1) The operating interests under which the operations are conducted. (2) A well, building, tank, leasehold pi…
La. Rev. Stat. § 9:4884 When the privilege is established and when it is extinguished
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§4884. When the privilege is established and when it is extinguished A. A privilege given by this Subpart is established and is effective as to a third person when the obligation it secures is incurred. B. The privilege is extinguished: (1) Upon extinction of the obligation it se…
La. Rev. Stat. § 9:4885 Cessation of effect as to certain third persons
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§4885. Cessation of effect as to certain third persons A. A privilege given by this Subpart ceases to have effect against a third person to the extent it secures an obligation due more than one hundred eighty days or incurred more than one year before a statement of privilege is …