Is My Drywall Chinese? - HB Litigation Conferences

Louisiana
DEFENSES
Louisiana – New Home Warranty Act, La. R. S.
9:3141 et seq.
– May provide a homeowners' exclusive remedy in suits
against builders.
– Contains pre-suit pre suit notice provisions.
– May exclude consequential damages.
– Does not apply to certain types of "defects"
Dampness, condensation or other damage due to the failure
of the owner to maintain adequate ventilation or drainage.
Any defect in, or any defect caused by, materials or work
supplied by anyone other than the builder, or any employee,
agent, or subcontractor of the builder.
Mold and mold damage.
DEFENSES
Warranty Defenses
– Burden is on the home purchaser to prove by
a preponderance of the evidence that a
builder's proposed repairs are unreasonable.
See Friedman v. U.S. Home Corp., Corp. , 452 So.
2d 1111 (Fla. 2d DCA 1984).