Louisiana § RS 9:4856 - Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs
Full text of Louisiana Louisiana Civil Code § RS 9:4856 — Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs, with citation guidance and answers to common questions.
§ RS 9:4856. Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs
A. No contractor, subcontractor, or agent of a contractor or subcontractor, who has received money on account of a contract for the construction, erection, or repair of a building, structure, or other improvement, including contracts and mortgages for interim financing, shall knowingly fail to apply the money received as necessary to settle claims to sellers of movables or laborers due for the construction or under the contract. Any seller of movables or laborer whose claims have not been settled may file an action for the amount due, including reasonable attorney fees and court costs, and for civil penalties as provided in this Section.
B. When the amount misapplied is one thousand dollars or less, the civil penalties shall be not less than two hundred fifty dollars nor more than seven hundred fifty dollars.
C. When the amount misapplied is greater than one thousand dollars, the civil penalties shall be not less than five hundred dollars nor more than one thousand dollars, for each one thousand dollars in misapplied funds.
D. A contractor, subcontractor, or agent of a contractor or subcontractor who is found by the court to have knowingly failed to apply construction contract payments as required in Subsection A shall be ordered by the court to pay to plaintiff the penalties provided in Subsection B or C, as may be applicable, and the amount due to settle the claim, including reasonable attorney fees and court costs.
Acts 1997, No. 861, §1; Redesignated from R.S. 9:4814 by Acts 2019, No. 325, §4.
NOTE: Former R.S. 9:4814 redesignated as R.S. 9:4856 by Acts 2019, No. 325.
NOTE: See Acts 2019, No. 325, §§6, 7, and 10, regarding applicability.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 9:4856
What does Louisiana Civil Code § RS 9:4856 cover?
Section RS 9:4856 ("Contractors; misapplication of payments prohibited; civil penalties; payment of claims, attorney fees and costs") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 9:4856?
A common citation format is "Louisiana Civil Code § RS 9:4856" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 9:4856 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.