Hawk Field Services, L.L.C. v. Mid America Underground, L.L.C. , 94 So. 3d 136 ( 2012 )

STEWART, J.,

dissenting.

hi respectfully recommend this Court grant the rehearing and reverse the majority opinion.

Both U Brothers’ lien and claim are invalid under the Louisiana Private Works Act. La. R.S. 9:4802 and 9:4822, when read together, require a claimant to secure and preserve a privilege to recover under the PWA. U Brothers failed to secure the privilege, thus, there is no claim to preserve.

In the majority opinion, this Court asserts U Brothers failed to comply with the technical requirements of La. R.S. 9:4802 when it failed to timely provide Hawk Field with a copy of the lease. This failure to comply invalidated the lien, constituting a failure to secure the privilege. Although U Brothers’ privilege is invalid, this Court reasoned U Brothers complied with the technical requirements of La. R.S. 9:4822 and the claim is still valid. This is contrary to the law.

Although U Brothers did comply with the technical requirements of La. R.S. 9:4822, this statute cannot be read in isolation. La. R.S. 9:4822 limits the preservation of a privilege to “the person who a claim or privilege is granted by La. R.S. 9:4802.” Since U Brothers failed to secure the privilege under La. R.S. 9:4802, there is no claim to preserve under La. R.S. 9:4822. Without a claim to preserve, U Brothers’ claim is extinguished per La. R.S. 9:4823, which provides a claim is extinguished if a claimant fails to preserve the privilege granted by La. R.S. 9:4802. U Brothers’ lien is invalid and their claim extinguished.