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      RS 9:4811     



§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            E. Repealed by Acts 2019, No. 325, §3.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.

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