Tag: Louisiana
-
Louisiana Mechanic Liens Do Not Require Notarization
Every state’s mechanics lien form and filing requirements are different, and one simple requirement you want to be clear about whenever filing a lien is whether the lien statement must be notarized, or not. The saga of whether the Louisiana mechanics lien must be notarized is a rather interesting one. Private Louisiana Mechanics Liens Do…
-
How Do You Remove A Frivolous Mechanics Lien?
Note: We also have a more recent article on frivolous liens published in May, 2017, “Frivolous Mechanics Liens: Intentionally Fraudulent vs. Honest Mistakes“ This blog traditionally focuses on how to file mechanics lien claims, largely analyzing the mechanics lien process from the lien claimant’s perspective. However, we’re going to take a brief break to turn…
-
Are Checks with “Payment In Full” In Memo Field Legally Binding? Do They Effect Mechanics Lien Rights?
Short Answer: Beware checks with “Payment in Full,” “Full and Final Settlement” or similar language written in the memo field or endorsement area. When these checks are cashed, they are very often binding, and can eliminate your rights to recover under contract or the mechanics lien laws. Long Answer: I was contacted recently with this exact…
-
When to Enforce a Louisiana Mechanic’s Lien
So you’ve correctly filed a mechanic’s lien in Louisiana to secure your rights to payment – What now? In Louisiana, like every other state, the process does not end with your properly filed lien. If you have filed a lien and still haven’t gotten paid, you must file a lawsuit to “enforce” or “foreclose” on…
-
A Guide To Louisiana Payment Bond Claims
The Construction Payment Blog welcomes Seth Smiley, who contributes this guest post about payment bond claims in Louisiana. Seth is a partner at Wolfe Law Group, and a contributor to that firm’s Construction Law Monitor blog. He frequently writes and litigates about construction law issues ranging from payment bond claims, workmanship disputes, construction delay matters…