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La. Rev. Stat. § 9:4806 (2026)

Owner defined; interest affected

✓ current as of May 2026
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SUBPART B. DEFINITIONS

§4806. Owner defined; interest affected

            A. An owner, co-owner, naked owner, usufructuary, other holder of a servitude, possessor, lessee, or other person having the right to use or enjoy an immovable or having an interest therein shall be deemed to be an owner under this Part.

            B. The claims against an owner granted by R.S. 9:4802 are limited to the owner or owners who have contracted with the contractor and to any owner or owners who have agreed in writing to the price and work of the contract made by another owner and have expressly agreed in writing to be liable for any claims granted by R.S. 9:4802. If more than one owner has contracted or expressly agreed in writing to be liable, each shall be solidarily liable for the claims.

            C. A privilege granted by R.S. 9:4801 or 4802 affects only the interest in or on the immovable enjoyed by the owner whose obligation is secured by the privilege. If that owner is a lessee or holder of a servitude or otherwise derives his interest in or on the immovable from another person, the privilege is inferior and subject to all rights of, and obligations owed to, that other person.

            D. The privileges granted by this Part upon a lessee's rights in the lease or buildings and other constructions shall be inferior and subject to the right of the lessor to dissolve the lease for nonperformance of the lessee's obligations, and to execute upon the lessee's rights and sell them in satisfaction of the obligations free of the privileges under this Part. If a sale of the lease is made in execution of the claims of the lessor, the privileges under this Part attach to that portion of the sale proceeds remaining after satisfaction of the claims of the lessor.

            E. The inclusion in a statement of claim or privilege of the name of an owner who is not responsible for the claim under Subsection B of this Section shall not give rise to liability on the part of that owner or create a privilege upon that owner's interest in the immovable.

            Acts 1981, No. 724, §1, eff. Jan. 1, 1982; Acts 1985, No. 903, §1; Acts 2019, No. 325, §1.

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

Notes of Decisions
Cited in 32 cases (2 in the last 5 years), 1955–2023 · leading case: Cajun Constructors, Inc. v. Ecoproduct Solutions, LP, 182 So. 3d 149 (La. Ct. App. 2015).
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Cajun Constructors, Inc. v. Ecoproduct Solutions, LP, 182 So. 3d 149 (La. Ct. App. 2015). · cites it 11× “R.S. 9:4806 was the controlling law and that Syngenta and EcoProduct entered into a lease; that EcoProduct owned the CaCl2 facility; that EcoProduct contracted with Cajun for the construction of the CaCl2 facility; and that the lack of recordation did not override controlling…”
State v. Preferred Accident Ins. Co. of NY, 149 So. 2d 632 (La. Ct. App. 1963). · cites it 4× “9:4801-4817, all of the provisions of the statute must be considered as forming part of the bond, consequently, Preferred, as surety, may not assert the defenses in question against claimant as subrogee of materialmen considering LSA-R.S. 9:4806 provides that as against claims…”
Lumber Prods., Inc. v. Hiriart, 255 So. 2d 783 (La. Ct. App. 1971). · cites it 2× “But the owner is only liable "to the same extent as is the contractor", R.S. 9:4806. Thus if the contractor would not be liable here, the owner should not be liable.”
Louisiana Indus. v. Bogator, Inc., 605 So. 2d 213 (La. Ct. App. 1992). · cites it 3× “In support of this assignment of error, defendants cite LSA-R.S. 9:4806 B, which provides: The claims against an owner granted by R.”
C & S Saf. Sys., Inc. v. SSEM Corp., 843 So. 2d 447 (La. Ct. App. 2003). “R.S. 9:4806, and Delta, as Contractor, in the mortgage records for the Parish of Orleans to preserve its lien and privilege under the Private Works Act.”
Clegg Concrete, Inc. v. Bonfanti-Fackrell, Ltd., 532 So. 2d 465 (La. Ct. App. 1988). · cites it 3× “At the time in question, LSA-R.S. 9:4806(B) provided as follows: B.”
Lake Forest, Inc. v. Cirlot Co., 466 So. 2d 61 (La. Ct. App. 1985). · cites it 3× “R.S. 9:4806 (incorporating the principle of pre-1981 R.”
Clark Constr. Co. v. Warren, 760 So. 2d 677 (La. Ct. App. 2000). · cites it 2× “R.S. 9:4806, is the record owner of the immovable.”
Miller v. Hous. Auth. of New Orleans, 175 So. 2d 326 (La. Ct. App. 1965). “…Fleet Leasing Corp. v. Airline Builders Service, Inc., La.App., 136 So.2d 458 . [18] LSA-R.S. 38:2244. Compare LSA-R.S. 9:4806.”
Teche Concrete, Inc. v. Moity, 168 So. 2d 347 (La. Ct. App. 1965). “Teche Concrete, by timely inscription and timely suit, secured the right to a personal judgment against the owner of the premises under LSA-R.S. 9:4806, applicable in instances such as the present where a written contract with the owner to make improvements is recorded without…”
Circle H Bldg. Supply, Inc. v. Dickey, 558 So. 2d 680 (La. Ct. App. 1990). “R.S. 9:4806 A defines an owner for purposes of the Private Works Act as: An owner, co-owner, naked owner, owner of a predial or personal servitude, possessor, lessee, or other person owning or having the right to the use or enjoyment of an immovable or having an interest therein…”
Nat'l Bank of Com. in New Orleans v. Just., 212 So. 2d 711 (La. Ct. App. 1968). “The pertinent parts of LSA-R.S. 9:4806 provides: “If the bond is found to be insufficient * * * or if no bond has been furnished or recorded within the time hereinbefore provided, but the contract has been timely recorded, the owner shall be personally liable to * * *…”
Show all 32 citing cases →
La. Rev. Stat. § 9:4806(33): 1 case
Solid Rock Tech., L.L.C. v. Joseph, 190 So. 3d 337 (La. Ct. App. 2016).
La. Rev. Stat. § 9:4806(A): 4 cases
Cajun Constructors, Inc. v. Ecoproduct Solutions, LP, 182 So. 3d 149 (La. Ct. App. 2015). “R.S. 9:4806 was the controlling law and that Syngenta and EcoProduct entered into a lease; that EcoProduct owned the CaCl2 facility; that EcoProduct contracted with Cajun for the construction of the CaCl2 facility; and that the lack of recordation did not override controlling…”
Norris Rader, Inc. v. Swilley, 625 So. 2d 1125 (La. Ct. App. 1993).
Solid Rock Tech., L.L.C. v. Joseph, 190 So. 3d 337 (La. Ct. App. 2016).
Barcat, LLC v. Nail, 15 So. 3d 1246 (La. Ct. App. 2009).
La. Rev. Stat. § 9:4806(B): 5 cases
Cajun Constructors, Inc. v. Ecoproduct Solutions, LP, 182 So. 3d 149 (La. Ct. App. 2015). “R.S. 9:4806 was the controlling law and that Syngenta and EcoProduct entered into a lease; that EcoProduct owned the CaCl2 facility; that EcoProduct contracted with Cajun for the construction of the CaCl2 facility; and that the lack of recordation did not override controlling…”
Clegg Concrete, Inc. v. Bonfanti-Fackrell, Ltd., 532 So. 2d 465 (La. Ct. App. 1988). “At the time in question, LSA-R.S. 9:4806(B) provided as follows: B.”
Massicot v. Schumock, 572 So. 2d 821 (La. Ct. App. 1990).
Solid Rock Tech., L.L.C. v. Joseph, 190 So. 3d 337 (La. Ct. App. 2016).
Arcadis S U Inc v. Stryker Demolition & Env't Servs. L L C (W.D. La. 2023).
La. Rev. Stat. § 9:4806(C): 4 cases
Cajun Constructors, Inc. v. Ecoproduct Solutions, LP, 182 So. 3d 149 (La. Ct. App. 2015). “R.S. 9:4806 was the controlling law and that Syngenta and EcoProduct entered into a lease; that EcoProduct owned the CaCl2 facility; that EcoProduct contracted with Cajun for the construction of the CaCl2 facility; and that the lack of recordation did not override controlling…”
Clegg Concrete, Inc. v. Bonfanti-Fackrell, Ltd., 532 So. 2d 465 (La. Ct. App. 1988). “At the time in question, LSA-R.S. 9:4806(B) provided as follows: B.”
Siboney Contracting Co v. Dominion Grp. L L C (W.D. La. 2021).
Solid Rock Tech., L.L.C. v. Joseph, 190 So. 3d 337 (La. Ct. App. 2016).
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