re: Louisiana New Home Warranty Act

quote:

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The plumber will warranty it if it’s their fault. If it’s a nail or screw in a pex pipe your builder will have to warranty and fix damages caused by the leak

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A nail or screw in PEX is probably the plumber's fault more than half the time because they didn't install a stud guard somewhere that needed one. That should be caught on the sub rough-in inspection but it is a notoriously missed item.



The following should not be considered legal advice in any way shape or form because I did not stay in a Holiday Inn last night and I have done zero research on the matter.

I think the definitions section in the LA code is a little bit ambiguous regrading the definition of "builder" and that is likely on purpose to leave the heavy lifting to the courts but I don't think the act makes sub-contractors directly liable to the consumer. It is likely the GC is liable for all issues covered by the act. It doesn't mean the GC can't recover from the sub just that consumers don't have to chase subs.

Another attorney IIT mentioned consulting an attorney which is generally always solid advice but there is a cost-benefit analysis when doing this. There is always the money side, although there is an attorney's fee provision in the act, and the basic fly-catching idiom regarding using honey vs vinegar should usually influence one's choices. I will reiterate the two-year limitation for plumbing issues because the closer it is to that date the more likely contacting an attorney immediately makes good sense.