A subcontractor completes electrical work but the general contractor hasn't paid. Under Louisiana lien law, who can the subcontractor file a lien against?
Correct Answer
A) The property and any party who hired them
Louisiana lien law allows subcontractors to file liens against the property and any party in the contractual chain who hired them for the work performed.
Why This Is the Correct Answer
Louisiana's Private Works Act grants subcontractors broad lien rights. A subcontractor may file a lien (statement of claim or privilege) against the immovable property itself AND against any party in the contractual chain who engaged them—meaning the property and any party who hired them. This broad protection ensures subcontractors are not left without recourse simply because the GC failed to pay.
Why the Other Options Are Wrong
Option B: Only the property owner
Limiting the lien to only the property owner would leave the subcontractor without a claim against the GC who directly breached the subcontract. Louisiana law does not restrict lien rights to the property owner alone.
Option C: Only the general contractor
Limiting the lien to only the general contractor would deprive the subcontractor of the most powerful remedy—a lien against the real property itself, which can force payment through foreclosure. Louisiana law extends rights to the property as well.
Option D: Both the general contractor and property owner
Option D is closer but still incomplete—it says 'both the general contractor and property owner' but omits the broader language that the lien runs against the property itself and any party who hired the subcontractor (which could include layers beyond just the GC and owner, such as a sub-subcontractor chain). Option A's 'the property and any party who hired them' is the most legally accurate formulation.
Memory Technique
Louisiana lien = double protection: the DIRT (property itself) + whoever HIRED you. If you did the work and didn't get paid, you can go after the ground under the building and every party in your payment chain. Think: 'Louisiana lets you lien the land and the hands that hired you.'
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