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Lien waivers by state · Louisiana

Louisiana lien waiver requirements

Louisiana is a non-statutory state

Louisiana does not prescribe a statutory lien-waiver form or any mandatory waiver language — parties are free to draft their own waivers, which must clearly identify the amount and project to be effective. Lien rights for private projects arise under the Louisiana Private Works Act (La. R.S. 9:4801 et seq.). Because waiver language is unregulated, claimants should read waivers carefully to avoid relinquishing more than intended.

Statute: La. R.S. 9:4801 et seq. (Louisiana Private Works Act); lien waivers themselves are not governed by a specific statute

Louisiana lien waiver forms

The four standard waiver-and-release types and Louisiana’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Louisiana lien waivers do not require notarization to be effective, though a paying party may request it. (The lien itself — the Statement of Claim and Privilege — is a recorded document, separate from a waiver.)
Mandatory statutory language: No statutorily required waiver verbiage exists. To be valid, a waiver should be in writing, signed by the waiving party, and clearly state the amount waived and the property/project it applies to; Louisiana courts require an existing right, knowledge of it, and an actual intent to relinquish it.
Electronic signatures accepted

Key Louisiana deadlines

Preliminary / pre-lien notice: No pre-work notice is required of subcontractors. A prime/general contractor must record a Notice of Contract before work begins on private projects where the contract exceeds $100,000 (failure to do so can forfeit the GC's own lien rights). Material suppliers (hired by someone other than the prime) must serve a sworn Notice of Nonpayment within 75 days of the last day of each month materials were furnished.
Notice of intent to lien: Not required. A Notice of Intent / Notice of Nonpayment is optional. GCs never need it; a subcontractor or supplier may optionally serve a notice of nonpayment at least 10 days before filing to extend the lien deadline (La. R.S. 9:4822(D)).
Mechanics lien filing deadline: Base rule: file the Statement of Claim and Privilege within 60 days after substantial completion, abandonment, or filing of a Notice of Termination. If the prime timely recorded a Notice of Contract: subcontractors/suppliers have 6 months after substantial completion (cut to 30 days once a Notice of Termination is filed) and general contractors have 7 months (cut to 60 days after a Notice of Termination). Enforcement suit must be filed within 1 year of recording the lien.

Louisiana lien waiver FAQ

Does Louisiana require a specific lien waiver form?

No. Louisiana does not provide or require a statutory lien-waiver form, and no specific waiver wording is mandated by statute. Any reasonably worded form may be used, but it should clearly state the amount waived and the project it covers.

Do lien waivers need to be notarized in Louisiana?

No. Notarization is not required for a Louisiana lien waiver to be valid, although a paying party may request it as a matter of preference.

Can lien waivers be signed electronically in Louisiana?

Yes. Under the Louisiana Uniform Electronic Transactions Act (La. R.S. 9:2601 et seq.), an electronic signature satisfies any signature requirement, so lien waivers may generally be signed electronically.

What is the deadline to file a mechanics lien in Louisiana?

Generally within 60 days after substantial completion, abandonment, or a Notice of Termination. If the prime timely filed a Notice of Contract, subcontractors get 6 months (30 days after a Notice of Termination) and general contractors get 7 months (60 days after a Notice of Termination).