La. Stat. tit. 37 § 2150.1

Current with operative changes from the 2024 Third Special Legislative Session

Section 37:2150.1 - Definitions

As used in this Chapter, the following terms have the following meanings:

(1) "Board" means the State Licensing Board for Contractors.

(2) "Commercial purposes" means any construction project except residential structures intended to be primarily occupied as a residence with no more than four separate dwelling units incorporated into one structure.

(3) "Contract" means an agreement to perform a scope of work that is regulated by this Chapter. It includes the entire cost of the labor, materials, rentals, and all direct and indirect project expenses. The cost of materials, rentals, and direct and indirect expenses shall be included regardless of who pays the costs or if they are donated. The "principal contract" is the agreement to perform the entire scope of work for a construction project.

(4)

(a) "Contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, furnishing labor, or furnishing labor together with material or equipment, or installing material or equipment for any of the following:

(i) Any building, highway, road, railroad, sewer, grading, excavation, pipeline, public utility structure, project development, housing, or housing development, improvement, or any other construction undertaking for which the entire cost is fifty thousand dollars or more when the property is to be used for commercial purposes.

(ii) Any new residential structure where the entire cost is fifty thousand dollars or more when the property is used for residential purposes.

(iii) Any improvements or repairs where the entire cost exceeds seven thousand five hundred dollars to an existing residential structure.

(iv) Any mold remediation where the entire cost exceeds seven thousand five hundred dollars.

(b) The term "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.

(c) A contractor holding a license in the major classification of hazardous materials, or any subclassifications thereunder, shall be defined in terms of work performed for which the cost is one dollar or more.

(d) "Contractor" shall not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking. "Proprietary" shall mean specific and specialized equipment installation, manufacturing processes, uses, or components that are protected from disclosure to third parties by the owner or manufacturer of the equipment.

(5) "Electrical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor together with material and equipment, or installing the same for the wiring, fixtures, or appliances for the supply of electricity to any residential, commercial, or other project, when the cost of the undertaking exceeds the sum of ten thousand dollars. This Paragraph shall not be deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become an electrical contractor.

(6) "Executive director" means the person appointed by the board to serve as the chief operating officer in connection with the day-to-day operation of the board's business. The executive director shall be the appointing authority for all employees of the board.

(7)

(a) "General contractor" means a person who contracts directly with the owner. The term "general contractor" shall include the term "primary contractor" and wherever used in this Chapter or in regulations promulgated thereunder "primary contractor" shall mean "general contractor".

(b) "General contractor" shall not mean any person, supplier, manufacturer, or employee of such person who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

(8) "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 is seven thousand five hundred dollars or more but is less than fifty thousand dollars."Home improvement contracting" shall not include the performance of any structural work that is integral to the structural integrity of any new or existing structure including but not limited to footings, foundation, outside walls, skeleton, bearing columns and interior load bearing walls, and floor slabs. "Home improvement contracting" shall not include services rendered gratuitously.

(9) "Home improvement contractor" means any person who undertakes or attempts to undertake or submits a price or bid on any home improvement contracting project.

(10) "Mechanical contractor" means any person who undertakes to, attempts to, or submits a price or bid or offers to construct, supervise, superintend, oversee, direct, or in any manner assume charge of the construction, alteration, repair, improvement, movement, demolition, putting up, tearing down, or furnishing labor, or furnishing labor together with material and equipment, or installing the same for the construction, installation, maintenance, testing, and repair of air conditioning, refrigeration, heating systems, and plumbing for all residential, commercial, and industrial applications as well as ventilation systems, mechanical work controls, boilers and other pressure vessels, steam and hot water systems and piping, gas piping and fuel storage, and chilled water and condensing water systems and piping, including but not limited to any type of industrial process piping and related valves, fittings, and components, when the cost of the undertaking exceeds the sum of ten thousand dollars. This Paragraph shall not be deemed or construed to limit the authority of a contractor, general contractor, or residential contractor, as those terms are defined in this Section, nor to require such individuals to become a mechanical contractor.

(11) "Mold remediation contractor" means any person who engages in removal, cleaning, sanitizing, demolition, or other treatment, including preventative activities, of mold or mold-contaminated matter that was not purposely grown at that location and where the costs for such labor and materials exceed seven thousand five hundred dollars. Mold remediation applies only to the regulation of mold-related activities that affect indoor air quality and does not apply to routine cleaning when not conducted for the purpose of mold-related activities intended to affect indoor air quality.

(12) "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 R.S. 38:2212 and which does not constitute regular maintenance of the public facility or facilities which it has been authorized to maintain.

(13) "Plumbing contractor" means any person who installs, maintains, and repairs potable and nonpotable tap water or sewer systems within a building structure or residential structure when the cost of the undertaking exceeds the sum of ten thousand dollars.

(14) "Qualifying party" means a natural person designated by the contractor to represent the contractor for the purpose of complying with the provisions of this Chapter including without limitation meeting the requirements for the initial license and any continuation thereof.

(15) "Residential contractor" means any person who constructs a fixed building or structure for sale or use by another as a residence or who, for a price, commission, fee, wage, or other compensation, undertakes or offers to undertake the construction or superintending of the construction of any residential structure which is not more than three floors in height, to be used by another as a residence, when the cost of the undertaking is fifty thousand dollars or greater. The term "residential contractor" includes all persons who receive an additional fee for the employment or direction of labor, or any other work beyond the normal architectural or engineering services. "Residential contractor" also means any person performing home improvement contracting as provided for in this Section when the cost of the undertaking is seven thousand five hundred dollars or more. It shall not include the manufactured housing industry or those persons engaged in building residential structures that are mounted on metal chassis and wheels.

(16) "Residential structure" means a building or structure that is used primarily for occupancy by a person as a residence. Such structures or buildings include but are not limited to single family dwellings, duplexes, triplexes, and fourplexes which are not more than three floors in height and structures that are part of or adjacent to the building or structures to be used as a residence.

(17) "Subcontract" means an agreement to perform a portion of the scope of work contained in the principal contract including the entire cost of labor and materials of that part of the principal contract which is performed by the subcontractor.

(18)

(a) "Subcontractor" means a person who contracts to perform a scope of work that is a part of the scope of work contained in the principal contract.

(b) "Subcontractor" shall not include any person, supplier, or manufacturer who assembles, repairs, maintains, moves, puts up, tears down, or disassembles any patented or proprietary equipment supplied by such person to a contractor to be used solely by the contractor for a construction undertaking.

La. R.S. § 37:2150.1

Acts 1992, No. 681, §1, eff. July 6, 1992; Acts 1995, No. 638, §1, eff. Feb. 1, 1996; Acts 1997, No. 146, §1; Acts 1997, No. 770, §1; Acts 2003, No. 643, §1; Acts 2003, No. 1146, §2; Acts 2007, No. 398, §1; Acts 2008, No. 725, §1, eff. Jan. 1, 2009; Acts 2019, No. 371, §1; Acts 2022, No. 195, §1.

Amended by Acts 2024, No. 178,s. 1, eff. 8/1/2024.

Amended by Acts 2022, No. 195,s. 1, eff. 8/1/2022.

Amended by Acts 2019, No. 371,s. 1, eff. 8/1/2019.

Acts 1992, No. 681, §1, eff. 7/6/1992; Acts 1995, No. 638, §1, eff. 2/1/1996; Acts 1997, No. 146, §1; Acts 1997, No. 770, §1; Acts 2003, No. 643, §1; Acts 2003, No. 1146, §2; Acts 2007, No. 398, §1; Acts 2008, No. 725, §1, eff. 1/1/2009.