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La. Rev. Stat. § 38:2241.1 (2026)

Acceptance of governing authority

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§2241.1. Acceptance of governing authority

           A. When any public entity enters into a written contract for the construction, alteration, or repair of any public works, in accordance with the provisions of R.S. 38:2241, the official representative of the public entity shall have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than thirty calendar days after the date of completion or substantial completion of such work.

           B. "Substantial completion" is defined for the purpose of this Chapter, as the finishing of construction, in accordance with the contract documents as modified by any change orders agreed to by the parties, to the extent that the public entity can use or occupy the public works or use or occupy the specified area of the public works for the use for which it was intended. The recordation of an acceptance in accordance with the provisions of this Section upon substantial completion shall be effective as an acceptance for all purposes under this Chapter.

           C. Any public entity that does not file for recordation an acceptance of public work shall require the contractor to have recorded in the office of the recorder of mortgages, in the parish where the work has been done, an acceptance of such work or of any specified area of such work, not later than forty-five calendar days after the date of completion or substantial completion of the work. This acceptance shall not be executed except upon the recommendation of the design professional hired by the public entity whose recommendation shall be made not later than thirty calendar days after the date of completion or substantial completion of such public work. A public entity shall not take, use, or occupy the public work or use or occupy the specified area of the public work for which it was intended until the substantial completion has been filed pursuant to this Section, unless an approved agreement of partial occupancy is executed between the public entity, the design professional of record, and the contractor.

           D. The public entity's failure to comply with the provisions of this Section shall be subject to a writ of mandamus.

           Acts 1991, No. 947, §1, eff. July 24, 1991; Acts 2014, No. 759, §1, eff. August 1, 2014; Acts 2021, No. 205, §1, eff. August 1, 2021.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1968–2023 · leading case: State v. McInnis Bros. Const., 701 So. 2d 937 (La. 1997).
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State v. McInnis Bros. Const., 701 So. 2d 937 (La. 1997). · cites it 2× “vides: Any action against the contractor on the contract or on the bond, or against the contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction, alteration, or repair of any public works let by the state or any of its…”
DIAMOND B CONST. CO. v. City of Plaquemine, 673 So. 2d 636 (La. Ct. App. 1996). · cites it 5× “LSA-R.S. 38:2241.1. The recordation of an acceptance in accordance with the provisions of this Section upon substantial completion shall be effective as an acceptance for all purposes under this Chapter.”
Honeywell, Inc. v. Jimmie B. Guinn, Inc., 462 So. 2d 145 (La. 1985). · cites it 2× “vides: Any action against the contractor on the contract or on the bond, or against the contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction, alteration, or repair of any public works let by the state or any of its…”
Gootee Constr., Inc. v. Atkins, 178 So. 3d 629 (La. Ct. App. 2015). · cites it 2× “R.S. 38:2241.1 A. “Substantial completion” is defined by the Act as “the finishing of construction, in accordance with the contract documents as modified by any change orders agreed to by the parties, to the extent that the, public .”
State Ex Rel. Guste v. Simoni, Heck & Assocs., 331 So. 2d 478 (La. 1976). “R.S. 38:2241.1 (1964). Within forty-five days after recordation of the acceptance or "of notice of default of the contractor or subcontractor", any person to whom money is due for work, materials, or supplies for the construction of public works, "including any architect and any…”
QUALITY DESIGN v. City of Gonzales, 977 So. 2d 87 (La. Ct. App. 2007). · cites it 2× “R.S. 38:2241.1 provides as follows: Whenever the public entity enters into a contract for the construction, alteration, or repair of any public works, in accordance with the provisions of R.”
Orleans Par. Sch. Bd. v. Scheyd, Inc., 737 So. 2d 954 (La. Ct. App. 1999). “ch states: Any action against the contractor on the contract or on the bond, or against the contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction, alteration, or repair of any public works let by the state or any of its…”
Woodrow Wilson Constr., LLC v. Amtek of La., Inc., 256 So. 3d 305 (La. Ct. App. 2018). · cites it 2× “R.S. 38:2241.1 defines "substantial completion" as the "finishing of construction .”
Rodriguez v. Sunrise Homes, Inc., 532 So. 2d 952 (La. Ct. App. 1988). “lows: "Any action against the contractor on the contract or on the bond, or against the contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction, alteration, or repair of any public works let by the state or any of its…”
Recotta Trucking Co. v. State, 573 So. 2d 526 (La. Ct. App. 1990). “R.S. 38:2241.1. An owner's recordation of acceptance of work does not insulate the contractor from tort liability for defective workmanship.”
Lafourche Par. Water Dist. No. 1 v. Digco Util. Constr., L.P., 275 So. 3d 20 (La. Ct. App. 2019). · cites it 3× “that: Any action against the contractor on the contract or on the bond, or against the contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction, alteration, or repair of any public works let by the state or any of its…”
Law Enf't Dist. of Jefferson Par. v. Mapp Constr., LLC, 196 So. 3d 896 (La. Ct. App. 2016). “from the substantial completion, as defined in R.S. 38:2241.1, or acceptance of such work, whichever occurs first, or of notice of default of the contractor unless otherwise limited in this Chapter.”
Show all 22 citing cases →
La. Rev. Stat. § 38:2241.1(A): 2 cases
Abs Servs., Inc. v. James Constr. Grp., 269 So. 3d 723 (La. Ct. App. 2018).
Abs Servs., Inc. v. James Constr. Grp., 269 So. 3d 723 (La. Ct. App. 2018).
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