# Hawk Field Services, L.L.C. v. Mid America Underground, L.L.C.

> Louisiana Court of Appeal · May 16, 2012 · 94 So. 3d 136

URL: https://www.frixlaw.com/law-library/cases/4876125

## Case

- **Full name:** HAWK FIELD SERVICES, L.L.C. and Petrohawk Energy Corporation v. MID AMERICA UNDERGROUND, L.L.C.
- **Court:** Louisiana Court of Appeal
- **Decided:** May 16, 2012
- **Citations:** 94 So. 3d 136; 2012 La. App. LEXIS 648; 2012 WL 1698088
- **Precedential status:** Published
- **Opinion:** Dissent by Stewart
- **Judges:** Brown, Lolley, Moore, Sexton, Stewart, Tempore
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4876125

## How later opinions describe it (automated extraction)

- finding no due process violation when the litigant was given an opportunity to review the Special Master’s preliminary report, subsequently provide the Special Master with additional information and arguments, file a written objection, and |1fiappear, argue, and present additi…

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4876125. Public record. Not legal advice.