Under La. R.S. 9:2784 (private) and 38:2241 (public), the general contractor must pay subcontractors within 7 days after receiving payment from the owner; if the owner doesn’p pay within 45 days of the sub’s invoice, interest at 1% per month and attorney fees are available. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.

Louisiana does not cap retainage by statute on private construction; retainage is negotiable. On public works under La. R.S. 38:2241, retainage cannot exceed 5% of the contract price (released at 50% completion if progress is satisfactory). Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.

While Louisiana has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Louisiana Revised Statutes Title 9, § 4811 et seq. (Louisiana Private Works Act and Public Works Act); Prompt Pay provisions at La. R.S. 9:2784 and 38:2241 et seq. for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.

Louisiana does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment clears to preserve lien rights under the Private Works Act. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.

Louisiana does not have a specific anti-indemnification statute for construction contracts; broad indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits and rely on the Private Works Act for payment remedies. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.

Louisiana requires recording a Statement of Claim or Lien within 60 days after filing of a Notice of Termination (or within 60 days of completion if no notice filed), followed by foreclosure within 30 days of recording. Louisiana requires a Notice of Lien Rights to be filed by the owner before work begins; subcontractors should send a Notice to Owner to the owner and GC within 30 days after recording the Notice of Termination to preserve lien rights. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.