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La. Rev. Stat. § 38:2247 (2026)

Construction of Part

✓ current as of May 2026
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§2247. Construction of Part

            A. Nothing in this Part shall be construed to deprive any claimant, as defined in this Part and who has complied with the notice and recordation requirements of R.S. 38:2242(B), of his right of action on the bond furnished pursuant to this Part, provided that the action must be brought against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of default of the contractor, except that before any claimant having a direct contractual relationship with a subcontractor but no contractual relationship with the contractor shall have a right of action against the contractor or the surety on the bond furnished by the contractor, the claimant shall, in addition to the notice and recordation required in R.S. 38:2242(B), give written notice to the contractor within forty-five days from the recordation of the notice of acceptance by the owner of the work or notice by the owner of default, 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. The notice shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place that the contractor maintains an office in the state of Louisiana. Except as provided in Subsection B of this Section, nothing in this Part shall be construed to preclude a surety who has furnished such a bond from asserting any defense to the principal obligation that its principal could assert except lack of capacity or discharge in bankruptcy of the principal obligor.

            B. The surety shall be obligated and required to issue payment to a materialman for claims by a materialman under the following conditions:

            (1) The claim is for material delivered in conformity with material specifications provided in the order for such material.

            (2) No sooner than forty-five days after delivery of the material, the materialman sends a notice of nonpayment to the general contractor, the surety, and the owner.

            (3) A materialman has not been paid in full on or before ninety days after delivery of the material.

            C. If the requirements of Subsection B of this Section are satisfied, the surety shall pay the materialman within ten days after the materialman sends a payment notice to the surety.

            D. The claim of a materialman and right to payment as provided in Subsection B of this Section is in addition to and not in derogation of any other rights, claims, or remedies available to a materialman in this Part.

            E. Any notice required under this Section shall be served by mailing the same by registered or certified mail, postage prepaid, in an envelope addressed to the last known address of the general contractor, the surety, and the owner. The return receipt indicating that registered mail or certified mail was properly addressed to the last known address of the general contractor, the surety, and the owner and deposited in the United States mail regardless of whether the registered or certified mail was actually delivered, refused, or unclaimed satisfies the notice provision of this Section.

            Amended by Acts 1960, No. 117, §1; Acts 1962, No. 16, §1; Acts 1985, No. 244, §1; Acts 2024, No. 761, §1, eff. June 19, 2024.

Notes of Decisions
Cited in 60 cases (3 in the last 5 years), 1962–2024 · leading case: Pierce Foundations, Inc. v. Jaroy Constr., Inc., 190 So. 3d 298 (La. 2016).
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Pierce Foundations, Inc. v. Jaroy Constr., Inc., 190 So. 3d 298 (La. 2016). · cites it 82× “R.S. 38:2247, the notice and recordation requirements of La.”
Taranto v. Louisiana Citizens Prop. Ins. Corp., 62 So. 3d 721 (La. 2011). · cites it 8× “LSA-R.S. 38:2247 (1950) [10] Here, E.L. Burns contracted with the general contractor to erect covered walkways at two East Baton Rouge Parish Schools at the agreed upon price of $4,767.”
Gootee Constr., Inc. v. Atkins, 178 So. 3d 629 (La. Ct. App. 2015). · cites it 10× “38:2212(B), of his right of action on the bond furnished pursuant to this Part, provided that said action must be brought against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of default of the contractor; except…”
Woodrow Wilson Constr., LLC v. Amtek of La., Inc., 256 So. 3d 305 (La. Ct. App. 2018). · cites it 44× “R.S. 38:2247. Amtek assigns three errors to the trial court's judgment: 1.”
K CONST., INC. v. Burko Const., Inc., 629 So. 2d 1370 (La. Ct. App. 1993). · cites it 12× “R.S. 38:2247 provides: Nothing in this Part shall be construed to deprive any claimant, as defined in this part and who has complied with the notice and recordation requirements of R.”
Honeywell, Inc. v. Jimmie B. Guinn, Inc., 462 So. 2d 145 (La. 1985). · cites it 8× “R.S. 38:2247, contained in Part III entitled "Claims of Materialmen and Laborers on Public Works," governed the claims of a supplier of material or labor.”
Pierce Foundations, Inc. v. Jaroy Constr., Inc., 169 So. 3d 580 (La. Ct. App. 2015). · cites it 11× “R.S. 38:2247. La. R.S. 38:2242(B) provides: *584 |fiAny claimant 2 may after the maturity of his claim and within forty-five days after the recordation of acceptance of the work by the governing authority or of notice of default of the contractor or subcontractor, file a sworn…”
EL Burns Co., Inc. v. Cashio, 302 So. 2d 297 (La. 1974). · cites it 7× “R.S. 38:2247 (1950). Plaintiff argued that the bond allowed suit within two years from the time the final payment was due by the school board to the contractor.”
Bd. of Sup. v. Louisiana Agr. Fin. Auth., 984 So. 2d 72 (La. Ct. App. 2008). · cites it 2× “R.S. 38:2247, a claimant must file suit against the surety or the contractor or both within one year from the registry of acceptance of the work or of notice of the contractor's default.”
Constr. Materials, Inc. v. Am. Fid. Fire Ins. Co., 388 So. 2d 365 (La. 1980). · cites it 4× “R.S. 38:2247. Construction Materials, Inc.”
Marquette Cement Mfg. Co. v. Normand, 192 So. 2d 552 (La. 1966). · cites it 8× “The sole question presented by this case is whether the one-year prescription of LSA-R.S. 38:2247 applies to a material-man’s suit against a surety on a public work contractor’s bond.”
D & J Constr. Co.v. Mid-Continent Stone Co., 571 So. 2d 762 (La. Ct. App. 1990). · cites it 13× “R.S. 38:2247. By judgment signed May 14, 1990, the trial court overruled Fireman’s exception of prescription.”
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