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Started By
Message
re: Louisiana New Home Warranty Act
Posted on 7/8/23 at 9:59 am to tigerpride8
Posted on 7/8/23 at 9:59 am to tigerpride8
quote:
Louisiana
quote:
new construction home
Posted on 7/8/23 at 10:06 am to altTD
Had same issue in my Alvarez home. Shower leaking. Didn’t notice it until year 4. Flooring in adjacent closets were rotted. Had to replace 4-5 boards. Matching took a day but finally went to the place on Perkins. Had a family friend fix it while we had our house listed. Heard Alvarez is bad for this. Forgot who they used.
Posted on 7/8/23 at 10:46 am to Lazy But Talented
quote:
Notify the GC and call the plumber they used. Depending on the GC, if it was a blatant construction defect they’ll be quick to remedy it.
Exactly. Give the developer, or contractor a chance to do the right thing. Don’t assume he is a charlatan.
This post was edited on 7/8/23 at 10:48 am
Posted on 7/8/23 at 12:26 pm to tigerpride8
Just call your builder. Most builders are going to be very responsive as Louisiana is very plaintiff friendly for NHWA claims
Posted on 7/8/23 at 12:39 pm to tigerpride8
Probably ask a lawyer. You don't want to mess something up and have the warranty expire.
Posted on 7/8/23 at 12:41 pm to Solo Cam
quote:
Have you called the builder?
Even if the builder says he will fix it you still send the certified notice so there is a record of it
Posted on 7/8/23 at 12:44 pm to doubleb
quote:
Exactly. Give the developer, or contractor a chance to do the right thing. Don’t assume he is a charlatan.
You guys give really bad advice. Even if the contractor promises to fix it you still send out the certified notice to have a record of it just in case the contractor bluffs to try and run out the clock.
Posted on 7/8/23 at 12:58 pm to stout
quote:
You guys give really bad advice. Even if the contractor promises to fix it you still send out the certified notice to have a record of it just in case the contractor bluffs to try and run out the clock.
I never said not to notify the guy in writing, but isn’t sending him a letter giving him a chance to do the right thing?
It’s way better than jumping up and hiring an attorney.
Posted on 7/8/23 at 1:21 pm to whit
quote:
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
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.
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