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December 7, 2012 By Lydia J. Alford

Threat to file lien does not absolve homeowner of payment

A Louisiana Court of Appeal recently ruled in favor a subcontractor’s claim for payment. The homeowner claimed he did not have to pay for the work done because the subcontractor had exerted legal duress by threatening to file a lien if payment was not made. The Court held that since filing a lien is a […]

Filed Under: Construction Tagged With: Construction, lien

October 30, 2011 By Lydia J. Alford

Louisiana condominium association held to strict compliance with lien statute.

Favored rights granted to condominium associations Only a few types of creditors in Louisiana are granted the right to lien a debtor’s property prior to a judicial confirmation that a debt is in fact owed. This is a valuable right and should not be taken lightly. Creditors afforded this preferred status include condominium associations, homeowners […]

Filed Under: Condo HOA Tagged With: Condominium, lien

October 30, 2011 By Lydia J. Alford

Materialmen’s lien must specify materials

Contractors and subcontractors are two of only a few creditors that are granted the right to obtain a secured right in property prior to a judicial confirmation of the debt. Other creditors afforded this right include condominium and homeowners associations. This is a favored position and should not be taken lightly.  Careful review should be […]

Filed Under: Construction Tagged With: Construction, lien

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