This section preserves certain claimants’ rights to sue on the bond, sets notice and filing deadlines, and requires the surety to pay eligible materialmen within 10 days after a payment notice if the listed conditions are met.
§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.