Louisiana Revised Statutes 9:4823 – Extinguishment of claims and privileges
Terms Used In Louisiana Revised Statutes 9:4823
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A. A privilege provided by La. Rev. Stat. 9:4801, a claim against the owner and the privilege securing it provided by La. Rev. Stat. 9:4802, or a claim against the contractor provided by La. Rev. Stat. 9:4802 is extinguished if any of the following occurs:
(1) The claimant or holder of the privilege does not preserve it as required by La. Rev. Stat. 9:4822.
(2) The claimant or holder of the privilege does not institute an action against the owner for the enforcement of the claim or privilege within one year after filing the statement of claim or privilege to preserve it.
(3) The obligation that it secures is extinguished.
B. Notwithstanding Subsection A of this Section, a claim against a contractor granted by La. Rev. Stat. 9:4802 is not extinguished by the failure to file a statement of claim or privilege as required by La. Rev. Stat. 9:4822 if a statement of the claim or privilege is delivered to the contractor within the period allowed for its filing by La. Rev. Stat. 9:4822. The failure to file an action against the owner as required by Paragraph (A)(2) of this Section shall not extinguish a claim against a contractor or his surety if an action for the enforcement of the claim is instituted against the contractor or his surety no later than one year after the expiration of the time given by La. Rev. Stat. 9:4822 for filing the statement of claim or privilege to preserve it.
C. The extinguishment of a claim or privilege arising under this Part shall not affect other rights the claimant or privilege holder may have against the owner, the contractor, or the surety.
D. A privilege granted by this Part is extinguished if a bond is filed by the owner as provided by La. Rev. Stat. 9:4835.
E. A claim against the owner and the privilege securing it granted by this Part are extinguished if a bond is filed by a contractor or subcontractor as provided by La. Rev. Stat. 9:4835.
F. In a concursus proceeding brought under La. Rev. Stat. 9:4841, the joinder of the owner and a person who has a privilege or a claim against the owner, or the joinder of the contractor or surety and a person who has a claim against the contractor, constitutes the institution of an action for the enforcement of the claim or privilege against the owner, contractor, or surety, as the case may be.
Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 2012, No. 394, §2, eff. August 1, 2013; Acts 2019, No. 325, §1.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.