Under Louisiana's Private Works Act, a subcontractor who has not been paid can file a lien against the property owner even if the owner has paid the general contractor in full. This concept is known as:
Correct Answer
D) Privilege or lien
Louisiana's Private Works Act grants subcontractors a privilege or lien against the property for work performed, regardless of payments between owner and general contractor.
Why This Is the Correct Answer
Option D is correct. Under Louisiana's Private Works Act, subcontractors and suppliers are granted a privilege (lien) against the immovable property for labor and materials furnished. This right exists independently of the payment status between the owner and the general contractor.
Why the Other Options Are Wrong
Option A: Solidary obligation
Solidary obligation refers to a situation where multiple parties share joint liability for the same obligation. It does not describe the independent lien right of a subcontractor against the owner's property.
Option B: Unjust enrichment
Unjust enrichment is a legal doctrine requiring repayment when one party is enriched at the expense of another without justification. It is not the specific statutory mechanism granting subcontractors lien rights under the Private Works Act.
Option C: Quantum meruit
Quantum meruit ('as much as he deserves') is a common law remedy for reasonable compensation when no formal contract exists. Louisiana uses Civil Law concepts; quantum meruit is not the term used in the Private Works Act context.
Memory Technique
Think of 'privilege' as a VIP badge: the subcontractor gets a VIP claim (privilege) on the property regardless of who paid whom.
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