Terms Used In Louisiana Revised Statutes 37:2159

  • Contract: means an agreement to perform a scope of work that is regulated by this Chapter. See Louisiana Revised Statutes 37:2150.1
  • Contract: A legal written agreement that becomes binding when signed.
  • contractor: includes persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services. See Louisiana Revised Statutes 37:2150.1
  • Home improvement contracting: means the reconstruction, alteration, renovation, repair, modernization, conversion, improvement, removal, or demolition, or the construction of an addition to any preexisting residential structure which building is used or designed to be used as a residence or dwelling unit, or to structures which are adjacent to such residence or building where the project value exceeds seven thousand five hundred dollars but is not greater than seventy-five thousand dollars. See Louisiana Revised Statutes 37:2150.1
  • Home improvement contractor: means any person who undertakes or attempts to undertake or submits a price or bid on any home improvement contracting project. See Louisiana Revised Statutes 37:2150.1
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means any individual, firm, partnership, association, cooperative, corporation, limited liability company, limited liability partnership, or any other entity recognized by Louisiana law; and whether or not acting as a principal, trustee, fiduciary, receiver, or as any other kind of legal or personal representative, or as a successor in interest, assignee, agent, factor, servant, employee, director, officer, or any other representative of such person; or any state or local governing authority or political subdivision performing a new construction project which exceeds the contract limits provided in La. See Louisiana Revised Statutes 37:2150.1

            A. Every agreement for any licensee to perform home improvement contracting services, as defined by this Chapter, in an amount in excess of seven thousand five hundred dollars, but not in excess of seventy-five thousand dollars, shall be in writing and shall include the following documents and information:

            (1) The complete agreement between the owner and the contractor and a clear description of any other documents which are or shall be incorporated into the agreement, including current insurance certificates evidencing the amount of liability insurance maintained and proof of workers’ compensation coverage by any person required to be as a home improvement contractor.

            (2) The full names, addresses, and the license number of the contractor.

            (3) A description of the work to be performed.

            (4)(a) The total amount agreed to be paid for the work to be performed under the contract.

            (b) An approximation of the cost expected to be borne by the owner under a cost-plus contract or a time-and-materials contract.

            (5) The signature of all parties.

            B. At the time of signing, the owner shall be furnished with a copy of the contract signed by both the home improvement contractor and the owner. No work shall begin prior to the signing of the contract and transmittal to the owner of a copy of the contract.

            C. Contracts which fail to comply with the requirements of this Section shall not be invalid solely because of noncompliance.

            D. No home improvement contractor who fails to obtain a license as provided for in this Chapter shall be entitled to file a statement of claim or a statement of lien or privilege with respect to monetary sums allegedly owed under any contract, whether express, implied, or otherwise, when any provision of this Chapter requires that the home improvement contractor possess a home improvement license issued by the residential subcommittee in order to have properly entered into such a contract.

            Added by Acts 1956, No. 233, §9; Amended by Acts 1964, No. 113, §9; Acts 1976, No. 82, §1, eff. July 8, 1976; Acts 1984, No. 915, §1; Acts 1985, No. 599, §2; Acts 1988, No. 635, §1, eff. Jan. 1, 1989; Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 2019, No. 371, §1; Acts 2022, No. 195, §1.