Louisiana Revised Statutes 38:2241.1 – Acceptance of governing authority
Terms Used In Louisiana Revised Statutes 38:2241.1
- Contract: A legal written agreement that becomes binding when signed.
- contract: means any contract awarded by any public entity for the making of any public works or for the purchase of any materials or supplies. See Louisiana Revised Statutes 38:2211
- Contractor: means any person or other legal entity who enters into a public contract. See Louisiana Revised Statutes 38:2211
- Public entity: means and includes the state of Louisiana, or any agency, board, commission, department, or public corporation of the state, created by the constitution or statute or pursuant thereto, or any political subdivision of the state, including but not limited to any political subdivision as defined in Article VI Section 44 of the Constitution of Louisiana, and any public housing authority, public school board, or any public officer whether or not an officer of a public corporation or political subdivision. See Louisiana Revised Statutes 38:2211
- Public work: means the erection, construction, alteration, improvement, or repair of any public facility or immovable property owned, used, or leased by a public entity. See Louisiana Revised Statutes 38:2211
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
A. When any public entity enters into a written contract for the construction, alteration, or repair of any public works, in accordance with the provisions of La. Rev. Stat. 38:2241, the official representative of the public entity shall have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than thirty calendar days after the date of completion or substantial completion of such work.
B. “Substantial completion” is defined for the purpose of this Chapter, as the finishing of construction, in accordance with the contract documents as modified by any change orders agreed to by the parties, to the extent that the public entity can use or occupy the public works or use or occupy the specified area of the public works for the use for which it was intended. The recordation of an acceptance in accordance with the provisions of this Section upon substantial completion shall be effective as an acceptance for all purposes under this Chapter.
C. Any public entity that does not file for recordation an acceptance of public work shall require the contractor to have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than forty-five calendar days after the date of completion or substantial completion of the work. This acceptance shall not be executed except upon the recommendation of the design professional hired by the public entity whose recommendation shall be made not later than thirty calendar days after the date of completion or substantial completion of such public work. A public entity shall not take, use, or occupy the public work or use or occupy the specified area of the public work for which it was intended until the substantial completion has been filed pursuant to this Section, unless an approved agreement of partial occupancy is executed between the public entity, the design professional of record, and the contractor.
D. The public entity’s failure to comply with the provisions of this Section shall be subject to a writ of mandamus.
Acts 1991, No. 947, §1, eff. July 24, 1991; Acts 2014, No. 759, §1; Acts 2021, No. 205, §1.