Louisiana State Lien Law Summary

THE FOLLOWING HAVE A LIEN AGAINST THE REAL PROPERTY:

Contractors, laborers or employees of the owner; sellers of materials to the owner; lessors of equipment leased to the owner by written contract; registered or certified surveyors and en­gineers; and licensed architects. NOTE that claimants contracting with or supplying the general contractor or subs of any tier have a claim directly against the owner that is generally secured by a lien against the property. See the subsection below for further details. Note also that the surveyors, engineers and architects are covered when they are employed by the owner or by the prime surveyor, engineer or architect of the owner. Note also that suppliers to suppliers are not covered. [9:4801]

CLAIMS AGAINST THE OWNER AND GENERAL CONTRACTOR PERSONALLY:

The following have a claim against the owner and general contractor: Subcon­tractors of apparently any tier; laborers or employees of the general contractor or a sub; material suppliers for materials sold to the contractor or a sub; lessors of equipment leased to the contractor or a sub by written contract; registered or certified surveyors and en­gineers; and licensed architects. Note that the surveyors, engineers and architects are covered when they are employed by the contractor or subcontractor or by the prime surveyor, engineer or architect of the contractor or subcontractor. Suppliers to suppliers are not covered. NOTE ALSO that the claims against the owner are secured by a lien against the property, except that the claims against the owner and the liens securing them are relieved where the general contractor has given and maintained a bond for the project, and has properly and timely filed the bond. [9:4802]

In addition, trustees and trust funds may enforce claims for funds owed under collective bargaining agreements, except where the project is designed or intended to be occupied primarily as a residence by four families or less. Suppliers to suppliers do not have lien rights. [9:4801, 9:4802, 9:4803, 9:4807]

Furnisher of labor or materials to owner, con­trac­tor, or sub. Includes those renting or leasing equipment to the owner, contractor or sub. Suppliers to suppliers are not covered. [38:2242; AFCO Metals, Inc. v. Tudor Const. Co., 571 So.2d 698 (Ct.App. 2 Cir.1990)]

CONTRACTS WITH THE DOTD:

Claimants furnishing to the owner, contractor or subcontractor any of the following: labor, materials or supplies; transportation and delivery of materials or supplies, or leasing movable property. Claimants may also include architects, surveyors, engineers and other professional subconsultants. [48:256.5]

The immovable, i.e., the building or structure; the bond, where the contractor provides one; or against the owner and general contractor personally. NOTE THAT WHERE THE BOND IS POSTED, IT RELIEVES THE OWNER OF PERSONAL LIABILITY, and relieves the owner’s property of responsibility for the claims against the owner. NOTE that on certain projects, where the contract amount exceeds $50,000, if the contract provides for retainage, the retainage must be held in an interest-bearing escrow account. [9:­4802, 9:4812, 9:4815]

Contractor’s payment bond. But if the public body makes final payment to the contractor without de­ducting the total amount of claims served on it by that time, the public body be­comes liable for those amounts. NOTE that surety cannot assert “pay-when-paid” clause in subcontract to refuse to pay subcontractor’s claim. [38:2242; Glencoe Educ. Foundation, Inc. v. Clerk of Court and Recorder of Mortgages for Parish of St. Mary, 65 So.3d 225 (La.App. 1 Cir.2011)]

NOTE: that the claimants may have a lien against the property AND against the owner and the general contractor personally, BUT if the general contract and a bond are properly and timely filed, then the owner is relieved of personal liability. The liability is instead upon the bond. [9:4802(C)]

FOR A LIEN AGAINST THE PROPERTY:

-Material suppliers who supply items to the owner, general contractor, or a subcontractor, that become part of the project, that are consumed at the site, or that are consumed in the machinery or equipment used at the project.

-Lessors of equipment, etc.

-Professional consultants (i.e., a registered or certified surveyor or engineer, or licensed architect) who contract with the general contractor or a subcontractor, and all subconsultants.

-General Contractor. Note that two notices may be necessary. In all cas­es, the general must file notice of the con­tract, and for owner-occupied sin­gle family resid­ences, a separ­ate notice must be given. If the Notice is not filed, then the general will only be able to file a lien if the contract amount is less than $25,000. If it is for a larger amount, then the general will have NO LIEN RIGHTS. (Note, however, that the general contractor who fails to file the Notice may be allowed to bring a claim as a laborer, if the notice requirements for a laborer’s lien are met. Tee It Up Golf, Inc. v. Bayou State Const., L.L.C., 30 So.3d 1159
(La.App. 3 Cir.,2010)]) [9:4801, 9:4802(A)(5)(b) and (G)­(1)-(3), 9:4811, 9:48­22(k), 9:4852; Schor at §19.03[C]]

FOR A CLAIM AGAINST THE OWNER OR GENERAL CONTRACTOR PERSONALLY, WITH CLAIM AGAINST OWNER POTENTIALLY SECURED BY A LIEN:

-Material suppliers who supply the general contractor or a subcontractor of apparently any tier. If the notice is not given, the supplier will lose its lien rights. [9:4802(G)(2) & (3)]

-Lessors of equipment to the general contractor or a subcontractor. [9:4802(G)(1)]

-A prime consultant (a registered or certified surveyor or engineer, or licensed architect) employed by the contractor or subcontractor; or a professional subconsultant (registered or certified surveyor or engineer, or licensed architect) employed by a prime consultant of the contractor or a subcontractor. [9:4802(A)(5)]

FOR A CLAIMANT CONTRACTING WITH THE GENERAL OR A SUB, WHO WANTS NOTIFICATION OF FILING OR NOTICE OF TERMINATION OR OF ABANDONMENT/SUBSTANTIAL COMPLETION:

If this preliminary notice is given, the owner is obligated to give the claimant notice of the filing of the notice of termination, etc., within 3 days of filing or of substantial completion or abandonment. If the owner fails to notify the claimant within 10 days of the commencement of the period for the preservation of lien and claim rights, then the owner will be liable for the claimant’s costs and attorney’s fees for the establishment and enforcement of the claimant’s claims. [9:4822(K) & (L)]

Lessor of rental equipment erected at site. [38:2242]

CONTRACTS WITH THE DOTD:

Lessors of movables (e.g., equipment) [48:256.5]

FOR A LIEN CLAIM OR A CLAIM AGAINST THE OWNER OR GENERAL CONTRACTOR:

By Materials Supplier:

To the owner and general contractor. [9:4802(G)(2) & (3)]

By Equipment Lessor:

Owner and contractor. [9:4802(G)­(1)]

By Professional consultants and subconsultants:

To the owner. [9:4801, 9:4802(A)(5)(b)]

General contractor, all projects:

Recorder of Mortgages of the parish in which the work is to be performed. Includes office of clerk of the court and ex officio recor­der of mort­gages. Mutual release of contract, if one is filed, is filed in the same place. [9:48­11, 9:483­1]

By General contractor, owner-occupied single-family residences:

To owner or owner’s authorized agent. In addition, upon request, the contractor must give a copy of the signed notice to everyone who may be entitled to lien rights against the property for work or material furnished. [9:4852, 9:4853,]

FOR A CLAIMANT CONTRACTING WITH THE GENERAL OR A SUB, WHO WANTS NOTIFICATION OF FILING OR NOTICE OF TERMINATION OR OF ABANDONMENT/SUBSTANTIAL COMPLETION:

To the owner. [9:4822 (K) & (L)]

To the “owner”. [38:2242]

CONTRACTS WITH THE DOTD:

To the department having the work done and to the contractor. [48:256.5]r

FOR A LIEN CLAIM OR A CLAIM AGAINST THE OWNER OR GENERAL CONTRACTOR:

Materials Supplier:

At least ten days before filing a statement of claim and lien. IN ADDITION, where the claimant is supplying a subcontractor, the claimant must be sure that notice is also sent within 75 days from the last day of EACH month in which the materials were delivered, whichever is earlier. Note, however, that this 75-day requirement only applies to disputes arising out of recorded contracts. [9:4802(G)(2); J. Reed Constructors, Inc. v. Roofing Supply Group, L.L.C., 135 So.3d 752 (La.App. 1 Cir. 2013)]

Equipment lessor:

Delivered not more than ten days after the equipment (“the movables”) are first placed at the project site for use in the work. NOTE that if the equipment lessor timely provides final notice but fails to timely provide preliminary notice, the equipment lessor will still have a claim against the owner, but it will be an unsecured claim. [9:4802(G)­(1); Hawk Field Services, L.L.C. v. Mid America Underground, L.L.C, 94 So.3d 136 (La.App. 2 Cir.2012)]

Professional consultants and subconsultants:

–For a lien: By professional subconsultants (who are contracting with a professional contracting directly with the owner): Within 30 days after entering into a written contract for employment. [9:4801 A)(5)(b)]]

–For a claim against the owner or contractor personally: By Professional consultants and subconsultants (via contract with the contractor or a sub): Within 30 working days after the prime consultant or professional subconsultant is employed. [9:4802(A)(5)(b)]

General contractor, all projects:

Filed before beginning work. If the Notice is not filed before starting the work, then the general will only be able to file a lien if the contract amount is less than $25,000. If it is for a larger amount, then the general will have NO LIEN RIGHTS. [9:4811]

General contractor, owner-occupied single-family residences:

Delivered to the owner before or at the time of entering into contract. To all other potential claimants, delivered upon request. [9:4852, 9:4853]

FOR A CLAIMANT CONTRACTING WITH THE GENERAL OR A SUB, WHO WANTS NOTIFICATION OF FILING OR NOTICE OF TERMINATION OR OF ABANDONMENT/SUBSTANTIAL COMPLETION:

Notice must be mailed or received prior to fil­in­g Notice of Termina­tion, or prior to substan­tial comple­tion or ab­andonment of the project if a notice of termination is not filed. [9:4822(K)& (L)]

The copy of the lease must be received within ten days of deliver­ing the rental equipment to the site. [38:2242]

CONTRACTS WITH THE DOTD:

Not more than ten days after the movables are first placed at the project site for use in the work. Note that the lessor’s claim is limited to the time the movable is located at the site for use in the work. If the work is completed, abandoned, accepted; or if the lessee abandons the movable or completes use of it and notifies the lessor of the completion or abandonment. [48:256.5]

FOR BOTH LIENS AND CLAIMS AGAINST THE OWNER OR GENERAL CONTRACTOR PERSONALLY:

By Materials Supplier:

-Notice of nonpayment

-Name and address of claimant

-General description of the materials provided

-Description sufficient to identify the property against which a lien may be claimed

-A written statement of the claimant’s lien rights for the total amount owed, plus interest and recordation fees. [9:4802(G)(2)]

By Equipment Lessor

-Name and mailing address of the lessor and lessee

-Description sufficient to identify the equipment placed at the project site.

-Statement of the term of the rental and the terms of payment.

-Signed by the lessor and the lessee. [9:4802(G)­(1)]

By Professional Consultants and Subconsultants:

-Name and address of the consultant or subconsultant

-Name and address of consultant’s or subconsultant’s employer

-General nature of the work to be performed by the consultant or subconsultant [9:4801(5)

and 9:4802(A)(5)(b)]

It is recommended that language be included reflecting that the claimant seeks to obtain a lien against the property, or to hold the owner or general contractor personally liable, as appropriate.

General contractor, all projects:

-Notice of contract

-Signed by owner and con­tractor

-Legal description of the prop­erty, and name of the project

-Names of parties, i.e., contractor(s) and owner(s) and their mailing addresses

-Contract price, or if no price is fixed, describe method by which price is to calculated and an estimate of it

-When payment is to be made

-General description of the work to be done. [9:4811, 9:4831]

General contractor, owner-occupied single-family residences:

Contrac­tor to give this notice to owner for owner’s signature. [9:4852]

FOR A CLAIMANT CONTRACTING WITH THE GENERAL OR A SUB, WHO WANTS NOTIFICATION OF FILING OR NOTICE OF TERMINATION OR OF ABANDONMENT/SUBSTANTIAL COMPLETION: Statement of the nature of the work or services performed by the person to whom the obligation is owed, and that person’s mailing address. [9:4822 (K) & (L)]

Copy of the lease of the equipment rented. [38:2242]

CONTRACTS WITH THE DOTD:

A copy of the lease. [48:256.5]

FOR BOTH LIENS AND CLAIMS AGAINST THE OWNER OR GENERAL CONTRACTOR PERSONALLY:

Mate­rial supplier:

By certified or registered mail, return receipt requested. If supplying a sub, certified mail, return receipt requested. (Registered mail, RRR, is probably acceptable, but the statute only lists certified mail here, so recommend using certified mail. [9:4802(G)(2)&(3)]

Equipment lessor:

“Delivered.” It is not entirely clear, but it appears that actual receipt is required, thus personal delivery is recommended. [9:4802(G)(1)]

Professional consultants and subconsultants:

“Give” notice, via personal delivery or certified or registered mail, at the address given in a notice of contract, bond, or statement of claim or privilege. The notice is deemed given when delivered or when properly mailed. [9:4801(5), 9:4802(A)(5)(b) and 9:4842]

General contractor, all projects:

Filed. [9:4831]

General contractor, owner-occupied single-family residences:

Delivered to owner or his agent for owner’s or agent’s sig­nature. Personal delivery is essential. [9:4852]

FOR A CLAIMANT CONTRACTING WITH THE GENERAL OR A SUB, WHO WANTS NOTIFICATION OF FILING OR NOTICE OF TERMINATION OR OF ABANDONMENT/SUBSTANTIAL COMPLETION:

Actual delivery, or by certified or registered mail. Notice is deemed as given or delivered upon actual delivery or upon proper mailing by certified or registered mail. [9:4842, 9:4822 (K)]

“Delivered” to the owner. Personal delivery is strongly recommended. [38:2242]

CONTRACTS WITH THE DOTD:

“Delivered” to the department and the contractor. [48:256.3]

An interim notice is not required.

Material suppliers to subcontractors, where the contract has been recorded. [38:2242; Electric Supply Co., Inc. v. Great American Ins. Co., Inc., 973 So.2d 827 (La.App. 2 Cir. 2007)]

Not applicable.

Notice of nonpayment. [38:2242; Electric Supply Co., Inc. v. Great American Ins. Co., Inc., 973 So.2d 827 (La.App. 2 Cir. 2007)]

Not applicable.

Deposited in the mail on or before 75 days of the last day of the month for EACH month in which the material was delivered, or within the 45-day period to file a final notice, discussed below, WHICHEVER IS EARLIER. Thus the claimant may be giving several notices. [38:2242; Electric Supply Co., Inc. v. Great American Ins. Co., Inc., 973 So.2d 827 (La.App. 2 Cir. 2007); J. Reed Constructors, Inc. v. Roofing Supply Group, L.L.C., 135 So.3d 752 (La.App. 1 Cir. 2013)]

All claimants. [9:4822, 9:4­823]

All claimants. [38:2242; 48:256.3]

-Recorder of Mortgages of the parish in which the work is to be performed, and includes the office of the clerk of the court and ex officio recorder of mortgages.

-Owner (If the owner’s address is not included in the Notice of Contract, then the claimant is not required to notify the Owner, but it is recommended.)

-Contractor, if sup­plying or contracting with a sub and pursuing a claim against the contractor or the bond furnished by the contractor. [9:4822, 9:4831]

-Surety, if there is a bond against which the claimant is bringing a claim. [9:4813]

-Governing authority letting the contract

-Recorder of Mortgages for parish in which the work is done [38:2242]

-If claimant has a contract with sub but not general, must also give notice to con­tractor. [38:2247] NOTE that in order to preserve one’s rights to attorney’s fees, after filing the lien the claimant should make amicable demand for payment” to the principal and the surety. If a subcontractor fails to file the sworn statement with the public authority and to record it with the recorder of mortgages, they cannot bring a claim against the bond. [38:2246; Pierce Foundations, Inc. v. Jaroy Const., Inc., — So.3d —-, 2015 WL 1393224 (Ct.App. 5 Cir. 2015)]

CONTRACTS WITH THE DOTD:

-The department having the work done

-The office of the recorder of mortgages for the parish in which the work was done.

-If claimant has a contract with sub but not general, must also give notice to the con­tractor and the surety. [48:256.5; 48:256.12]

IF NOTICE OF CONTRACT IS FILED:

-Claim by subs, suppliers, laborers, equipment lessors, consultants and subconsultants, who do not contract directly with the owner and who are seeking a potential lien claim and/or a claim against the owner or contractor personally:  Final notice must be filed and received within 30 days after the filing of a notice of ter­mination of the work. (This includes the notice to contractor where pursuing a claim against the contractor’s surety bond, where appropriate.) If the notice of termination is not filed, or is deficient, then the 30-day tolling period never starts to run. [Thompson Tree & Spraying Service, Inc. v. White–Spunner Const., Inc., 68 So.3d 1142 (La.App. 3 Cir., 2011)] NOTE: NO­TICE OF TERMINA­TION MAY BE FILED AS TO ONLY A PORTION OF THE WORK. IF THAT IS DONE, THE 30 DAYS BEGINS TO RUN AS TO THAT PORTION OF THE PROJECT. IF NO LIENS ARE TIMELY FILED ON THAT PORTION OF THE PROJECT, THEN THAT AREA OF THE PROJECT WILL BE FREE OF ALL LIEN CLAIMS PERTAINING TO THE PROJECT. NOTE ALSO that where the claimant timely gives the owner the notice that obligates the owner to notify claimant of the filing of the notice of termination, but the owner fails to do so and the claimant does not timely file its lien, etc., then the claimant will lose its lien rights. So it is CRUCIAL to follow up on the progress of the project, and consider filing a lien prior to the termination or substantial completion of the project, to protect one’s lien rights. [9:4822; Byron Montz, Incl. v. Conco Const. Inc., 824 So.2d 498 (La.App. 4 Cir. 2002)]

By general contractor:

For a lien claim, the statement of claim or privilege must be filed within 60 days after either the filing of the notice of termination, or substantial completion of the work.

-NOTE that if the owner and general contractor mutually release the contract before any work is performed or materials delivered, and file this mutual release, then the contract will have no effect. If it is subsequently refiled, then the refiling date will be the relevant date for the final notice. [9:4811]

By professionals and subconsultants:

(This applies to professionals who contract directly with the owner, and their subconsultants.) For a lien claim, within 60 days after (a) the filing of a notice for termination of the work that the services giving rise to the claim were rendered; or (b) the substantial completion or abandonment of the work if a notice of termination is not filed. [9:4822(D)]

IF NOTICE OF CONTRACT NOT FILED:

For all claims, within 60 days (70 days for materials suppliers to a residential pro­ject) after filing of a notice of ter­mination of the work; or within 60 days (70 days for materials suppliers to a residential project) after the substan­tial com­pletion or abandon­ment (by the owner or general contractor) of the entire work if notice of ter­mination is not filed. NOTE: If the Notice of Contract is not filed, then the general will only be able to file a lien if the contract amount is less than $25,000. If it is for a larger amount, then the general will have NO LIEN RIGHTS. [9:4811, 9:4822(K); 9:4842; Schor at §19.03[C]; Nu-Lite Elec. Wholesalers, LLC v. Alfred Palma Inc., 878 So.2d 660 (App. 1 Cir. 2004)]

By professionals and subconsultants:

(This applies to professionals who contract directly with the owner, and their subconsultants.) For a lien claim, within 60 days after (a) the filing of a notice for termination of the work that the services giving rise to the claim were rendered; or (b) the substantial completion or abandonment of the work if a notice of termination is not filed. [9:4822(C&D)]

Received after maturity of claim, but not more than 45 days after the recordation of accep­tance of the work by the governing authority, or of notice of default by con­tractor or sub. [38:2242]

­BUT note that public body is required to withhold from the contractor the total amount of claims of which it has received notice, so it is advanta­geous to give no­tice earlier rather than later. (38:2242)

NOTE that the Notice of Nonpayment must be given before the lien is filed. [Teche Elec. Supply, L.L.C. v. M.D. Descant, Inc., 2 So.3d 516 (La.App. 3 Cir. 2008)]

CONTRACTS WITH THE DOTD:

Delivered after maturity of claimant’s claim and within 45 days after the recordation of the final acceptance of the work by the department or of notice of default of the contractor or subcontractor. [48:256.5]

-Filed for registry with the Recorder of Mortgages of the parish in which the work is to be performed. The recorder of mortgages includes the office of the clerk of court and ex officio recorder of mortgages. [9:4833, 9:4831]

-Personally delivered or by certified or registered mail to owner, contractor or surety. Notice is deemed to have been given upon delivery or upon depositing in the mail for delivery by certified or registered mail.

Note: If address of owner is not given in notice of con­tract, claimant is not re­quired to provide a copy to owner. [9:4822, 9:4831, 9:4842]

-Filed with the governing authority

-Recorded in the office of the Recorder of Mortgages. [38:2242]

-Copy to contractor must be sent registered or certified mail to any place general contractor maintains an office in Louisiana. Personal delivery has been allowed. [Daigle v. Donald M. Clement Contractor, Inc., 533 So.2d 1064, writ denied 536 So.2d 1216 (App. 4 Cir. 1988)] Actual delivery is required, so if certified or registered mail is refused or not delivered, timely personal delivery is essential. [38:2247; Schor at §19.02[D]]

CONTRACTS WITH THE DOTD:

Filed a copy with the department and record the original with the recorder. [48:256.5]

The copy given to the contractor and surety is to be mailed by registered or certified mail, in envelopes addressed separately to the contractor and surety at the office of each one in the state of Louisiana. [48:256.12]

-Reasonable identification of structure to which labor or materials furnished; prefer- ably lot and/or square number, subdivision or township and range. Street or mail­ing address alone is NOT suf­fi­cient. STRONGLY recommend a full and complete legal description, as the description must be sufficient to clearly and permanently identify the property, and a recent case has had very high standards. [9:4831(c); Tee It Up Golf, Inc. v. Bayou State Const., L.L.C., 30 So.3d 1159 (La.App. 3 Cir.,2010); Norman H. Voelkel Const., Inc. v. Recorder of Mortgages for East Baton Rouge Parish, 859 So.2d 9, 2002-1153 (La.App. 1 Cir. 6/27/03), writ denied 857 So.2d 486, 2003-1962(La. 10/31/03), writ denied 857 So.2d 488, 2003-2133 (La. 10/31/03)]

-Name of owner

-Amount due. (Note that if the general contractor has failed to give the Notice of Contract before starting work, then he or she will only be able to file a lien if the contract amount is less than $25,000. If it is for a larger amount, then the general will have NO LIEN RIGHTS. The general’s failure to give the notice does not affect the lien rights of other claimants, however. [9:4811]) Note also that the amount of a claim for equipment rental is limited to the part of the rental accruing during the time the equipment is at the construction site, and does not include time after substantial completion or abandonment; after a notice of termination has been filed; or after the lessor has abandoned the equipment or it is no longer necessary and the owner or contractor gives notice to the lessor of abandonment or completion of use. [9:4803]

-Nature of obligation giving rise to claim and reaso­nable itemization of labor or mat­erials furnished. Listing only the total amount due is insufficient. [Tee It Up Golf, Inc. v. Bayou State Const., L.L.C., 30 So.3d 1159 (La.App. 3 Cir.2010)]. Attach invoices or itemize the items provided, and reference the attachments within the lien. Stating, e.g., “certain materials consisting of but not limited to trim, millwork, etc.” is not sufficient. [Jefferson Door Co., Inc. v. Cragmar Const., L.L.C., 81 So.3d 1001(La.App. 4 Cir. 2012)

-Name of person to whom or for whom labor or materials were fur­nished

-Claim must be signed by claimant or claimant’s represen­tative.

-Where claimant contracts with a sub and is seeking to bring a claim against the contractor personally or against the contractor’s surety bond on the project, the notice must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor or service was done or performed. [9­:4822]

Notice to public body:

-Sworn statement. Per case law, statement sworn to by claimant’s attorney is sufficient.

-Amount due to claimant.

[38:2242]

Notice to contractor:

-Amount claimed

-Name of party to whom la­bor or material was fur­nished, but need not be sworn. [38­:2247] It would probably be easier to do both this notice and the notice to the public body all in one form.

CONTRACTS WITH THE DOTD:

Claim filed with the department and the recorder: Sworn statement of the amount due to the claimant. [48:256.3]

Notice to the contractor and surety: Written notice stating with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor or service was done or performed. [48:256.12]

LIEN, AND CLAIM AGAINST THE OWNER OR CONTRACTOR PERSONALLY:

Suit must be commenced within one year after filing the statement of claim. HOWEVER, a claim against the contractor is not extinguished by the failure to FILE the lien, if a statement of the claim or privilege is timely delivered to the contractor. The failure to file suit against the owner does not extinguish the claim against the contractor, if the suit against the contractor is timely filed. In addition, the claimant can bring suit against the owner or the contractor or the contractor’s surety without bringing suit against the others, although a lien against the owner’s property is extinguished if a bond is filed. Claimant must also file a notice of pendency of action, otherwise the claim is not effective against third persons. [9:4823, 9:­4833, 9:4831]

AGAINST BOND:

More than 30 days after giving surety a copy of the notice of lien (statement of claim), or else after the time to file liens has expired. It must be filed within one year after the expiration of the time to file the claimant’s lien. [9:4813, 9:4822]

Within one year from the registry of acceptance of the work or of notice of the contractor’s default. Apparently suit may not be filed before the expiration of 45 days after completion, at which point the public entity is to file suit, but if they don’t, then a claim­ant can file. [38:22­47, 38:­2242.1, 38:2243]

CONTRACTS WITH THE DOTD:

Within one year from the registry of acceptance of the work or of notice of the contractor’s default. [48:256.12]