In order to preserve a claim or privilege under the Louisiana Private Works Act, La. R.S. 9:4801, et seq., a claimant must file a statement of claim or privilege, which under 4822H includes in pertinent part:
H. A statement of a claim or privilege:
(4) Shall set forth the amount and nature of the obligation giving rise to the claim or privilege and reasonably itemize the elements comprising it, including the person for whom or to whom the contract was performed, material supplied, or services rendered. The provisions of this Paragraph shall not require a claimant to attach copies of unpaid invoices unless the statement of claim or privilege specifically states that the invoices are attached. (Emphasis added.)
It is well settled that a statute should be applied as written unless it is ambiguous or leads to absurd consequences. La. C.C. art. 9; La. R.S. 1:4; Bergeron v. Richardson, 2020–01409 (La. 6/30/21), 320 So.3d 1109, 1111–1112. Every word of a statute should be given its generally prevailing meeting. La. C.C. art. 11; La. R.S. 1:3. “It is presumed that every word, sentence, or provision in a statute was intended to serve some useful purpose, that some effect be given to each such provision, and that the Legislature used no unnecessary words or provisions.” Bergeron, 320 So.3d at 1113, citing Sultana Corp. v. Jewelers Mut. Ins. Co., 2003–0360 (La. 12/3/03), 860 So.2d 1112, 1119.
In Crawford Elec. Supply Co., Inc. v. Loga Holdings LLC, 2024–0870 (La.App. 1 Cir. 2/21/25), 2025 WL 572966, the First Circuit held that a statement of claim and privilege met this mandatory requirement even though it merely referenced “electrical supplies” without attaching the invoices.
Defendants contended that Crawford had failed to comply with the mandatory requirements, as did the claimants in Bradley Elec. Servs., Inc. v. 2601, L.L.C., 2011–0627 (La.App. 4 Cir. 12/14/11), 82 So.3d 1242 and Tee It Up Golf, Inc. v. Bayou State Const., L.L.C., 2009–855 (La.App. 3 Cir. 2/10/10), 30 So.3d 1159, wherein those Circuits had ruled that only “material supplied” or a lump sum due being specified in the lien was insufficient. But in Crawford, the First Circuit found technical defects should not defeat the claim or privilege so long as the notice is adequate to serve the purpose intended. The court reasoned that the Crawford lien by this general description achieves the purpose to give notice to the owner, contractor, and any third party that a privilege is claimed on the property, and it achieves the purpose of protecting materialmen such as Crawford, apparently disagreeing with the courts in Bradley and Tee it up Golf. However, in Crawford, the claimant supplied no more information than can be gleaned from the company name: Crawford Electrical Supply Company, Inc., and that the court impermissibly read out 4822H(4) from the mandatory requirements.
A writ application is now pending to the Louisiana Supreme Court in Crawford to address the conflict between the Circuits created by the decision in Crawford. Mandatory requirements of law should not be written off as mere technicalities.
Russel W. Wray is an attorney and owner of Wray & Associates (www.wraylaw.com) and practices in Louisiana.
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