CHAPTER 5. NEW HOME WARRANTY ACT
§3141. Purpose
The legislature finds a need to promote commerce in Louisiana by
providing clear, concise, and mandatory warranties for the purchasers and
occupants of new homes in Louisiana and by providing for the use of
homeowners' insurance as additional protection for the public against defects in
the construction of new homes. This need can be met by providing a warranty for
a new home purchaser defining the responsibility of the builder to that purchaser
and subsequent purchasers during the warranty periods provided herein. The
warranty, which is mandatory in most cases, shall apply whether or not building
code regulations are in effect in the location of the structure, thereby promoting
uniformity of defined building standards. Additionally, all provisions of this
Chapter shall apply to any defect although there is no building standard directly
regulating the defective workmanship or materials.
Acts 1986, No. 676, §1; Acts 1999, No. 649, §1.
§3142. Short title
This Chapter shall be known and may be cited as the "New Home Warranty
Act."
Acts 1986, No. 676, §1.
§3143. Definitions
For purposes of this Chapter the following words, phrases, and terms shall
be defined and construed as follows:
(1) "Builder" means any person, corporation, partnership, limited liability
company, joint venture, or other entity which constructs a home, or addition
thereto, including a home occupied initially by its builder as his residence. A
person, corporation, partnership, limited liability company, joint venture, or other
entity which constructs a home, or any addition thereto, is a "builder", whether or
not the consumer purchased the underlying real estate with the home.
(2) "Building standards" means the standards contained in the building
code, mechanical-plumbing code, and electrical code in effect in the parish, city,
or other local political subdivision where a home is to be located, at the time
construction of that home is commenced, or, if the parish, city, or other local
political subdivision has not adopted such codes, the Standard Building Code,
together with any additional performance standards, if any, which the builder may
undertake to be in compliance.
(3) "Home" means any new structure designed and used only for
residential use, together with all attached and unattached structures, constructed by
the builder whether or not the land was purchased from the builder. Such term
includes structures containing multiple family dwellings or residences.
(4) "Initial purchaser" means any person for whom a home is built or the
first person to whom a home is sold upon completion of construction.
(5) "Major structural defect" means any actual physical damage to the
following designated load-bearing portions of a home caused by failure of the
load-bearing portions which affects their load-bearing functions to the extent the
home becomes unsafe, unsanitary, or is otherwise unlivable:
(a) Foundation systems and footings.
(b) Beams.
(c) Girders.
(d) Lintels.
(e) Columns.
(f) Walls and partitions.
(g) Floor systems.
(h) Roof framing systems.
(6) "Owner" means the initial purchaser of a home and any of his
successors in title, heirs, invitees, or assigns to a home during the time the
warranties provided under this Chapter are in effect.
(7) "Warranty commencement date" means the date that legal title to a
home is conveyed to its initial purchaser or the date the home is first occupied,
whichever occurs first.
Acts 1986, No. 676, §1; Acts 1997, No. 987, §1; Acts 1999, No. 649, §1;
Acts 2003, No. 333, §1.
§3144. Warranties; exclusions
A. Subject to the exclusions provided in Subsection B of this Section, every
builder warrants the following to the owner:
(1) One year following the warranty commencement date, the home will be free
from any defect due to noncompliance with the building standards or due to other defects
in materials or workmanship not regulated by building standards.
(2) Two years following the warranty commencement date, the plumbing,
electrical, heating, cooling, and ventilating systems exclusive of any appliance, fixture,
and equipment will be free from any defect due to noncompliance with the building
standards or due to other defects in materials or workmanship not regulated by building
standards.
(3) Five years following the warranty commencement date, the home will be free
from major structural defects due to noncompliance with the building standards or due to
other defects in materials or workmanship not regulated by building standards.
B. Unless the parties otherwise agree in writing, the builder's warranty shall
exclude the following items:
(1) Fences, landscaping, including but not limited to sodding, seeding, shrubs,
existing and new trees, and plantings, as well as off-site improvements, all driveways and
walkways, or any other improvement not a part of the home itself.
(2) After the first year, the concrete floor of a basement and the concrete floor of
an attached or unattached garage that is built separate from a foundation wall or other
structural element of the home.
(3) Damage to real property which is not part of the home covered by the
warranty and which is not included in the purchase price of the home.
(4) Any damage to the extent it is caused or made worse by any of the following:
(a) Negligence, improper maintenance, neglect or improper operation by anyone
other than the builder or any employee, agent, or subcontractor of the builder.
(b) Failure by anyone other than the builder or any employee, agent, or
subcontractor of the builder to comply with the warranty requirements of manufacturers
of appliances, equipment, or fixtures.
(c) Failure by the owner to give written notice by registered or certified mail to
the builder of any defect within the time set forth in R.S. 9:3145. However, the
provisions of this Subparagraph shall not be construed to change either the warranty
periods enumerated in Subsection A of this Section or the notice requirements provided
by R.S. 9:3145.
(d) Any change of the grading of the ground by anyone other than the builder, or
any employee, agent, or subcontractor of the builder.
(e) Any change, alteration, or addition made to the home by anyone after the
initial occupancy by the owner, except any change, alteration, or addition performed by
the builder, or any employee, agent, or subcontractor of the builder.
(f) Dampness, condensation, or other damage due to the failure of the owner to
maintain adequate ventilation or drainage.
(5) Any loss or damage which the owner has not taken timely action to minimize.
(6) 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.
(7) Normal wear and tear or normal deterioration.
(8) Loss or damage which does not constitute a defect in the construction of the
home by the builder, or any employee, agent, or subcontractor of the builder.
(9) Loss or damage resulting from war, accident, riot and civil commotion, water
escape, falling objects, aircraft, vehicles, acts of God, lightning, windstorm, hail, flood,
mudslide, earthquake, volcanic eruption, wind driven water, and changes in the level of
the underground water table which are not reasonably foreseeable.
(10) Any damage caused by soil movement which is covered by other insurance.
(11) Insect damage.
(12) Any loss or damage which arises while the home is being used primarily for
a nonresidential purpose.
(13) Any condition which does not result in actual physical damage to the home.
(14) Bodily injury or damage to personal property.
(15) Any cost of shelter, transportation, food, moving, storage, or other incidental
expense related to relocation during repair.
(16) Any defect not reported in writing by registered or certified mail to the
builder or insurance company, as appropriate, prior to the expiration of the period
specified in Subsection A of this Section for such defect plus thirty days.
(17) Consequential damages.
(18) Any loss or damage to a home caused by soil conditions or soil movement if
the home is constructed on land owned by the initial purchaser and the builder obtains a
written waiver from the initial purchaser for any loss or damage caused by soil conditions
or soil movement.
(19) Mold and mold damage.
C. The provisions of Subsection A of this Section establish minimum required
warranties and shall not be waived by the owner or reduced by the builder provided the
home is a single or multiple family dwelling to be occupied by an owner as his home.
Acts 1986, No. 676, §1; Acts 1997, No. 987, §1; Acts 1999, No. 649, §1; Acts
2001, No. 179, §1; Acts 2003, No. 333, §1; Acts 2004, No. 45, §1.
§3145. Required notice
Before undertaking any repair himself or instituting any action for breach
of warranty, the owner shall give the builder written notice, by registered or
certified mail, within one year after knowledge of the defect, advising him of all
defects and giving the builder a reasonable opportunity to comply with the
provisions of this Chapter. The builder shall give the owner written notice of the
requirements of this Chapter at the time of the closing.
Acts 1986, No. 676, §1; Acts 1997, No. 987, §1.
§3146. Peremption
Any action to enforce any warranty provided in this Chapter shall be
subject to a peremptive period of thirty days after the expiration of the appropriate
time period provided in R.S. 9:3144.
Acts 1986, No. 676, §1; Acts 2001, No. 179, §1.
§3147. Insurance
All or part of the builder's obligation under any warranty required in this
Chapter may be insured by the builder for the benefit of the purchaser through an
insurance company authorized to transact business in this state.
Acts 1986, No. 676, §1.
§3148. Transfer of warranty and insurance
Any warranty imposed under the provisions of this Chapter and any
insurance benefit shall automatically transfer without charge, to a subsequent
owner who acquires title to the home. Any transfer of the home shall not extend
the duration of any warranty or insurance coverage.
Acts 1986, No. 676, §1.
§3149. Violations; limitations
A. If a builder violates this Chapter by failing to perform as required by the
warranties provided in this Chapter, any affected owner shall have a cause of
action against the builder for actual damages, including attorney fees and court
costs, arising out of the violation. The damages with respect to a single defect
shall not exceed the reasonable cost of repair or replacement necessary to cure the
defect, and damages with respect to all defects in the home shall not exceed the
original purchase price of the home.
B. The parties may provide for the arbitration of any claim in dispute. Any
arbitration shall comply with, and may be binding only to the extent provided in
R.S. 9:4201 et seq.
Acts 1986, No. 676, §1.
§3150. Exclusiveness
This Chapter provides the exclusive remedies, warranties, and peremptive
periods as between builder and owner relative to home construction and no other
provisions of law relative to warranties and redhibitory vices and defects shall
apply. Nothing herein shall be construed as affecting or limiting any warranty of
title to land or improvements.
Acts 1986, No. 676, §1; Acts 2003, No. 333, §1.