Louisiana Revised Statutes & Codes

La. Rev. Stat. § 9:4802 (2026)

Improvement of immovable by contractor; claims against the owner and contractor; privileges securing the improvement

✓ current as of May 2026

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§4802. Improvement of immovable by contractor; claims against the owner and contractor; privileges securing the improvement

A. The following persons have a claim against the owner and a claim against the contractor to secure payment of the following obligations arising out of the performance of work under the contract:

(1) Subcontractors, for the price of their work.

(2) Laborers or employees of the contractor or a subcontractor, for the price of work performed at the site of the immovable.

(3) Sellers, for the price of movables sold to the contractor or a subcontractor that become component parts of the immovable, or are consumed at the site of the immovable, or are consumed in machinery or equipment used at the site of the immovable.

(4) Lessors, for the rent of movables used at the site of the immovable and leased to the contractor or a subcontractor by written contract.

(5) Professional consultants engaged by the contractor or a subcontractor, and the professional subconsultants of those professional consultants, for the price of professional services rendered in connection with a work that is undertaken by the contractor or subcontractor.

B. The claims against the owner under this Section shall be secured by a privilege on the immovable on which the work is performed.

C. The owner is relieved of the claims against him under this Section and the privileges securing them when the claims arise from the performance of a contract by a general contractor for whom a bond is given and maintained as required by R.S. 9:4812 and when notice of the contract with the bond attached is properly and timely filed as required by R.S. 9:4811.

D. Claims against the owner and the contractor granted by this Part are in addition to other contractual or legal rights the claimants may have for the payment of amounts owed them.

E. A claimant may assert his claim against either the contractor, his surety, or the owner without the joinder of the others. The claim shall not be subject to a plea of discussion or division.

F. A contractor shall indemnify the owner for claims against the owner arising from the work to be performed under the contract. A subcontractor shall indemnify the owner, the contractor, and any subcontractor from or through whom his rights are derived, for amounts paid by them for claims under this Part arising from work performed by the subcontractor. A contractor who pays the claims of other claimants arising from work performed under the contractor's contract is legally subrogated to their contractual rights but may not assert by subrogation their claims against the owner arising under this Section or the privileges securing them. A subcontractor who pays the claims of other claimants arising from work performed on behalf of the subcontractor is legally subrogated to their contractual rights but may not assert by subrogation their claims against the owner or contractor arising under this Section or the privileges securing them.

G. Repealed by Acts 2019, No. 325, §3.

Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 1989, No. 41, §1, eff. June 15, 1989; Acts 1991, No. 1024, §1, eff. Jan. 1, 1992; Acts 1999, No. 1134, §1; Acts 2013, No. 357, §1; Acts 2019, No. 325, §§1, 3.

NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.

Notes of Decisions

Cited in 159 cases (4 in the last 5 years), 1952–2025 · leading case: Roy Anderson Corp. v. 225 Baronne Complex, L.L.C., 251 So. 3d 493 (La. Ct. App. 2018).

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Roy Anderson Corp. v. 225 Baronne Complex, L.L.C., 251 So. 3d 493 (La. Ct. App. 2018). · cites it 19× “R.S. 9:4802 and La. C.C.P. art. 1091. Where there is a conflict of laws, Louisiana courts apply La.”

Byron Montz, Inc. v. Conco Constr., Inc., 824 So. 2d 498 (La. Ct. App. 2002). · cites it 14× “(1) Any person to whom a privilege is granted by R.S. 9:4802 may give notice to the owner of an obligation to that person arising out of the performance of work under the contract.”

Hawk Field Servs., L.L.C. v. Mid Am. Underground, L.L.C., 94 So. 3d 136 (La. Ct. App. 2012). · cites it 30× “Louisiana R.S. 9:4802, governing which parties may enjoy the statutory privity granted by the PWA, states, in pertinent part: A.”

Fid. & Deposit Co. v. FitzGerald Contractors, Inc., 439 F.3d 212 (5th Cir. 2006). · cites it 9× “La.Rev.Stat. Ann. § 9:4802. 12 . Black’s Law Dictionary defines jurisprudence constante as "[t]he doctrine that a court should give great weight to a rule of law that is accepted and applied in a long line of cases, and should not overrule or modify its own decisions unless…”

Cajun Constructors, Inc. v. Ecoproduct Solutions, LP, 182 So. 3d 149 (La. Ct. App. 2015). · cites it 11× “R.S. 9:4802 and 9:4806, Syngenta could not be liable to Cajun for the construction expenses that EcoProduct allegedly failed to pay.”

Newt Brown, Contractor, Inc. v. Michael Builders, Inc., 569 So. 2d 288 (La. Ct. App. 1990). · cites it 10× “LSA-R.S. 9:4802 A. Claims against the owner are secured by a privilege on the immovable on which the work was done.”

Wholesale Elec. Supply Co. v. Honeywell Int'l, Inc., 221 So. 3d 98 (La. Ct. App. 2017). · cites it 6× “R.S. 9:4802. See generally Independent Supply Co.”

Thompson Tree & Spraying Serv., Inc. v. White-Spunner Constr., Inc., 68 So. 3d 1142 (La. Ct. App. 2011). · cites it 4× “9:4811, 1 the persons to whom a claim or privilege is granted by R.S. 9:4802 shall within thirty days after the filing of a notice of termination of the work: |7(1) File a statement of their claims or privilege.”

Shaw Constructors, Cross-Appellee v. Icf Kaiser Engineers, Inc., Pcs Nitrogen Fertilizer, L.P., 395 F.3d 533 (5th Cir. 2004). “R.S. § 9:4802(C). 5 . PCS was not a party to the subcontract, and there was no privity between PCS and Shaw.”

Perque Floor Covering v. L. Cambre Ent., 593 So. 2d 407 (La. Ct. App. 1991). · cites it 8× “R.S. 9:4802 and 9:4822: § 4802. Improvement of immovable by contractor; claims against the owner and contractor; privileges securing the improvement A.”

JP Mack Indus. LLC v. Mosaic Fertilizer, LLC, 970 F. Supp. 2d 516 (E.D. La. 2013). · cites it 3× “R.S. 9:4802(A) and La.R.S. 9:4802(B). But the validity of the claim and privilege is limited; La.”

LaRose v. Crosby & Son Towing, Inc. (In Re Dick Henley, Inc.), 38 B.R. 210 (Bankr. M.D. La. 1984). · cites it 3× “R.S. 9:4802(B) provides that a subcontractor has a claim against the owner for work performed on an immovable and provides that the claim'is secured by a privilege (a lien) on the immovable.”

Show all 159 citing cases →

— La. Rev. Stat. § 9:4802(4) — 1 case

InPwr Inc v. Olson Restoration L L C (W.D. La. 2022).

— La. Rev. Stat. § 9:4802(A) — 8 cases

Roy Anderson Corp. v. 225 Baronne Complex, L.L.C., 251 So. 3d 493 (La. Ct. App. 2018). “R.S. 9:4802 and La. C.C.P. art. 1091. Where there is a conflict of laws, Louisiana courts apply La.”

Byron Montz, Inc. v. Conco Constr., Inc., 824 So. 2d 498 (La. Ct. App. 2002). “(1) Any person to whom a privilege is granted by R.S. 9:4802 may give notice to the owner of an obligation to that person arising out of the performance of work under the contract.”

JP Mack Indus. LLC v. Mosaic Fertilizer, LLC, 970 F. Supp. 2d 516 (E.D. La. 2013). “R.S. 9:4802(A) and La.R.S. 9:4802(B). But the validity of the claim and privilege is limited; La.”

Hawk Field Servs., L.L.C. v. Mid Am. Underground, L.L.C., 94 So. 3d 136 (La. Ct. App. 2012). “Louisiana R.S. 9:4802, governing which parties may enjoy the statutory privity granted by the PWA, states, in pertinent part: A.”

Tharpe & Brooks, Inc. v. Arnott Corp., 406 So. 2d 1 (La. Ct. App. 1981).

— La. Rev. Stat. § 9:4802(A)(1) — 14 cases

Burdette v. Drushell, 837 So. 2d 54 (La. Ct. App. 2002).

Cajun Constructors, Inc. v. Ecoproduct Solutions, LP, 182 So. 3d 149 (La. Ct. App. 2015). “R.S. 9:4802 and 9:4806, Syngenta could not be liable to Cajun for the construction expenses that EcoProduct allegedly failed to pay.”

Fid. & Deposit Co. v. FitzGerald Contractors, Inc., 439 F.3d 212 (5th Cir. 2006). “La.Rev.Stat. Ann. § 9:4802. 12 . Black’s Law Dictionary defines jurisprudence constante as "[t]he doctrine that a court should give great weight to a rule of law that is accepted and applied in a long line of cases, and should not overrule or modify its own decisions unless…”

Keybank Nat'l Ass'n v. Perkins Rowe Assocs., LLC, 823 F. Supp. 2d 399 (M.D. La. 2011).

— La. Rev. Stat. § 9:4802(A)(2) — 2 cases

Jackson v. Wal Mart Props., Inc., 452 So. 2d 409 (La. Ct. App. 1984).

Evangeline Brokerage Co. v. Lewis, 539 So. 2d 1311 (La. Ct. App. 1989).

— La. Rev. Stat. § 9:4802(A)(3) — 9 cases

Wholesale Elec. Supply Co. v. Honeywell Int'l, Inc., 221 So. 3d 98 (La. Ct. App. 2017). “R.S. 9:4802. See generally Independent Supply Co.”

Nu-lite Elec. Whole., Inc. v. Colonial Elec., 527 So. 2d 498 (La. Ct. App. 1988).

Jackson v. Wal Mart Props., Inc., 452 So. 2d 409 (La. Ct. App. 1984).

Nu-Lite Elec. Wholesalers, LLC v. Alfred Palma Inc., 878 So. 2d 660 (La. Ct. App. 2004).

Jimco, Inc. v. Paving Contractors, Inc., 546 So. 2d 881 (La. Ct. App. 1989).

— La. Rev. Stat. § 9:4802(A)(4) — 3 cases

Jackson v. Wal Mart Props., Inc., 452 So. 2d 409 (La. Ct. App. 1984).

Evangeline Brokerage Co. v. Lewis, 539 So. 2d 1311 (La. Ct. App. 1989).

— La. Rev. Stat. § 9:4802(A)(5) — 1 case

Roy Anderson Corp. v. 225 Baronne Complex, L.L.C. (La. Ct. App. 2019).

— La. Rev. Stat. § 9:4802(A)(5)(b) — 1 case

Clark Constr. Co. v. Warren, 760 So. 2d 677 (La. Ct. App. 2000).

— La. Rev. Stat. § 9:4802(B) — 12 cases

JP Mack Indus. LLC v. Mosaic Fertilizer, LLC, 970 F. Supp. 2d 516 (E.D. La. 2013). “R.S. 9:4802(A) and La.R.S. 9:4802(B). But the validity of the claim and privilege is limited; La.”

LaRose v. Crosby & Son Towing, Inc. (In Re Dick Henley, Inc.), 38 B.R. 210 (Bankr. M.D. La. 1984). “R.S. 9:4802(B) provides that a subcontractor has a claim against the owner for work performed on an immovable and provides that the claim'is secured by a privilege (a lien) on the immovable.”

— La. Rev. Stat. § 9:4802(C) — 11 cases

Roy Anderson Corp. v. 225 Baronne Complex, L.L.C., 251 So. 3d 493 (La. Ct. App. 2018). “R.S. 9:4802 and La. C.C.P. art. 1091. Where there is a conflict of laws, Louisiana courts apply La.”

Thompson Tree & Spraying Serv., Inc. v. White-Spunner Constr., Inc., 68 So. 3d 1142 (La. Ct. App. 2011). “9:4811, 1 the persons to whom a claim or privilege is granted by R.S. 9:4802 shall within thirty days after the filing of a notice of termination of the work: |7(1) File a statement of their claims or privilege.”

Newt Brown, Contractor, Inc. v. Michael Builders, Inc., 569 So. 2d 288 (La. Ct. App. 1990). “LSA-R.S. 9:4802 A. Claims against the owner are secured by a privilege on the immovable on which the work was done.”

— La. Rev. Stat. § 9:4802(D) — 2 cases

JP Mack Indus. LLC v. Mosaic Fertilizer, LLC, 970 F. Supp. 2d 516 (E.D. La. 2013). “R.S. 9:4802(A) and La.R.S. 9:4802(B). But the validity of the claim and privilege is limited; La.”

— La. Rev. Stat. § 9:4802(F) — 6 cases

Wholesale Elec. Supply Co. v. Honeywell Int'l, Inc., 221 So. 3d 98 (La. Ct. App. 2017). “R.S. 9:4802. See generally Independent Supply Co.”

J.F. Naylor & Co., Inc. v. Mech. Sheet Metal, Inc. (In Re J.F. Naylor & Co., Inc.), 67 B.R. 184 (Bankr. M.D. La. 1986).

Century Ready Mix Corp. v. Boyte, 968 So. 2d 893 (La. Ct. App. 2007).

In Re Energy Contractors, Inc., 49 B.R. 139 (Bankr. M.D. La. 1985).

— La. Rev. Stat. § 9:4802(G) — 3 cases

Clark Constr. Co. v. Warren, 760 So. 2d 677 (La. Ct. App. 2000).

EEJ Inc. v. H.G. Angle Co., 618 So. 2d 566 (La. Ct. App. 1993).

Ap Interiors, LLC v. Coryell Cnty. Tradesmen, LLC, 239 So. 3d 393 (2018).

— La. Rev. Stat. § 9:4802(G)(1) — 1 case

— La. Rev. Stat. § 9:4802(G)(3) — 1 case

Ap Interiors, LLC v. Coryell Cnty. Tradesmen, LLC, 239 So. 3d 393 (2018).

— La. Rev. Stat. § 9:4802(b) — 1 case

Keller Supply, Inc. v. Howard, 414 So. 2d 878 (La. Ct. App. 1982).

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