CONSTRUCTION DEFECT DEMAND LETTER
STATE OF LOUISIANA
NOTICE PURSUANT TO LOUISIANA NEW HOME WARRANTY ACT
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Louisiana Contractor License No.: [LICENSE NUMBER]
Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]
Dear Sir or Madam:
This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to the Louisiana New Home Warranty Act, Louisiana Revised Statutes 9:3141 through 9:3150, and serves as the required notice providing you with the opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
THIS IS A STATUTORY NOTICE REQUIRED UNDER LOUISIANA LAW. YOUR TIMELY RESPONSE IS REQUIRED.
I. LOUISIANA-SPECIFIC LEGAL FRAMEWORK
A. Louisiana New Home Warranty Act
This notice is provided pursuant to La. R.S. 9:3141 et seq., Louisiana's New Home Warranty Act, which establishes mandatory warranties and procedures for residential construction.
Under the Act:
- Builders must provide express warranties for one year against defects due to noncompliance with building standards
- Builders must provide warranties for two years for plumbing, electrical, heating, cooling, and ventilating systems
- Builders must provide warranties for five years against major structural defects
- Written notice must be provided to the builder before any action can be maintained
B. Prescription (Statute of Limitations)
Louisiana law provides the following prescriptive periods for construction defect claims:
| Claim Type | Prescriptive Period | Authority |
|---|---|---|
| Contract (Personal Action) | 10 years | La. C.C. art. 3499 |
| Delictual/Tort Action | 1 year | La. C.C. art. 3492 |
| NHWA - Workmanship | 1 year from completion | La. R.S. 9:3144(A) |
| NHWA - Systems | 2 years from completion | La. R.S. 9:3144(A) |
| NHWA - Major Structural | 5 years from completion | La. R.S. 9:3144(A) |
C. Peremption (Statute of Repose)
The New Home Warranty Act establishes the following peremptive periods:
- One year for general workmanship defects
- Two years for plumbing, electrical, HVAC systems
- Five years for major structural defects
These are peremptive periods that cannot be suspended or interrupted.
D. Warranties Under Louisiana Law
Louisiana recognizes the following warranties in residential construction:
-
NHWA Express Warranties: Statutorily mandated warranties under La. R.S. 9:3144.
-
Warranty Against Redhibitory Defects: Sellers warrant against hidden defects. La. C.C. art. 2520-2548.
-
Builder's Implied Warranty: Builders warrant that work conforms to plans and specifications. Hebert v. Rapides Parish Police Jury, 974 So.2d 635 (La. 2008).
E. Contractor Licensing Requirements
Under La. R.S. 37:2150 et seq. (Contractors Licensing Law), contractors performing work exceeding $50,000 must be licensed by the Louisiana State Licensing Board for Contractors.
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| Parish | [PARISH], Louisiana |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Date of Purchase | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition [ ] Repair |
| General Contractor | [NAME] |
| LA Contractor License No. | [NUMBER] |
| Contract Date | [DATE] |
| Contract Amount | $[AMOUNT] |
| Substantial Completion | [DATE] |
| Final Completion | [DATE] |
| Warranty Period | [DESCRIBE] |
C. Parties Involved
General Contractor:
- Name: [NAME]
- License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
Subcontractors: (List all subcontractors whose work is believed defective)
| Trade | Company Name | License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to the Louisiana New Home Warranty Act, the following is a detailed description of each claimed construction defect:
DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]
Location: [Specific location within the property]
Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]
Category Under NHWA:
[ ] Workmanship/Materials (1-year warranty)
[ ] Plumbing, Electrical, HVAC Systems (2-year warranty)
[ ] Major Structural Defect (5-year warranty)
Building Components Affected:
[ ] Foundation/Slab [ ] Framing [ ] Roofing [ ] Exterior walls/Siding [ ] Windows/Doors
[ ] Plumbing [ ] Electrical [ ] HVAC [ ] Insulation [ ] Drywall/Interior finishes
[ ] Flooring [ ] Waterproofing [ ] Drainage [ ] Other: [SPECIFY]
Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]
Standards Violated:
[ ] Louisiana State Uniform Construction Code
[ ] Manufacturer's Installation Instructions
[ ] Industry Standards (IRC, IBC, ASTM)
[ ] Contract Specifications
[ ] New Home Warranty Act Standards
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
DEFECT #2: [TITLE]
[REPEAT FORMAT ABOVE FOR EACH DEFECT]
IV. SUMMARY OF DEFECTS AND DAMAGES
| Defect | Location | NHWA Category | Est. Repair Cost | Related Damages |
|---|---|---|---|---|
| [DEFECT 1] | [LOCATION] | [1/2/5-year] | $[AMOUNT] | $[AMOUNT] |
| [DEFECT 2] | [LOCATION] | [1/2/5-year] | $[AMOUNT] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | |||
| Consequential Damages | $[AMOUNT] | |||
| Expert/Investigation Costs | $[AMOUNT] | |||
| Temporary Housing | $[AMOUNT] | |||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
V. LEGAL BASIS FOR CLAIMS
A. Louisiana New Home Warranty Act
You are required to provide warranties under La. R.S. 9:3141 et seq., which you have breached.
B. Breach of Contract
You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.
C. Breach of Express Warranty
You provided express warranties regarding quality and durability of construction which you have breached.
D. Redhibition
The defects constitute redhibitory vices rendering the property unfit for its intended use or diminishing its value. La. C.C. art. 2520-2548.
E. Breach of Builder's Implied Warranty
Under Louisiana law, builders impliedly warrant that work conforms to plans and specifications.
F. Negligence (Delictual Liability)
You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.
G. Violation of Building Codes
The construction violates the Louisiana State Uniform Construction Code and/or local building codes.
VI. STATUTORY NOTICE REQUIREMENTS
A. Your Rights Under Louisiana Law
Upon receipt of this notice, you have the right to:
- Inspect the Property: Request an inspection within a reasonable time
- Offer to Repair: Make a written offer to repair some or all defects
- Offer Settlement: Make a written offer of monetary compensation
- Dispute Claims: Deny responsibility for the claimed defects in writing
B. Response Deadline
Your written response is requested within THIRTY (30) DAYS of receipt of this notice.
Your response should include:
1. Whether you accept or dispute the claimed defects
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or compensate
4. Any documentation supporting your position
C. Consequences of Non-Response
Failure to respond may result in:
- Owner proceeding directly to litigation
- Waiver of your right to inspect and repair
- Potential adverse inference at trial
VII. DEMAND FOR INSPECTION ACCESS
We hereby offer you the opportunity to inspect the property. To schedule an inspection:
- Contact our office in writing within 30 days
- Propose inspection dates during reasonable business hours
- Identify all persons who will attend
- Identify any experts who will participate
Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]
VIII. PRESERVATION OF EVIDENCE
You are hereby directed to preserve all documents and materials relating to the construction, including:
- All contracts and subcontracts
- Plans, specifications, and drawings
- Inspection reports and quality control records
- Correspondence with owner and subcontractors
- Photographs taken during construction
- Daily logs and progress reports
- Warranties from manufacturers
- Insurance policies and certificates
Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.
IX. SETTLEMENT DEMAND
To resolve this matter without litigation, we demand:
Option A - Repair by Contractor:
1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees incurred to date: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.
X. CONCLUSION
Please respond in writing within 30 days of receipt of this notice. If we do not receive a timely response, our client will proceed with litigation without further notice.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
Louisiana Bar Roll No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [OWNER NAME]
ENCLOSURES:
[ ] Photographs of defects
[ ] Expert report(s)
[ ] Repair estimates
[ ] Copy of construction contract
[ ] Correspondence history
cc: [OWNER NAME]
[INSURANCE CARRIER]
Louisiana State Licensing Board for Contractors (if applicable)
LOUISIANA-SPECIFIC PRACTICE NOTES
New Home Warranty Act (La. R.S. 9:3141 et seq.):
- Applies to new residential construction
- Three tiers of warranty coverage: 1 year, 2 years, 5 years
- Written notice required before suit
- Warranty runs with the property to subsequent owners
- Builder cannot waive NHWA warranties
Major Structural Defect Definition:
- La. R.S. 9:3143(5) defines major structural defects
- Includes load-bearing portions of the home
- Includes foundation, beams, columns, walls
- Must affect structural integrity or make home unsafe/unsanitary
Prescription and Peremption:
- Louisiana uses "prescription" rather than "limitations"
- NHWA periods are peremptive (cannot be suspended/interrupted)
- Contract claims have 10-year prescription
- Delictual (tort) claims have 1-year prescription from discovery
Contractor Licensing:
- Required for work over $50,000 under La. R.S. 37:2150 et seq.
- Verify license with Louisiana State Licensing Board for Contractors
- Unlicensed contractors may forfeit contract rights
Civil Law Tradition:
- Louisiana follows civil law tradition
- Redhibition is unique Louisiana remedy for defects
- Stumpf v. Leonard, 2010-2653 (La. App. 1 Cir. 6/17/11)
Discovery Rule:
- Prescription begins when plaintiff knew or should have known of defect
- Campo v. Correa, 2001-2707 (La. 6/21/02)
Expert Witnesses:
- Expert testimony typically required for technical defects
- Louisiana Code of Evidence governs expert qualifications
This template is for informational purposes only and does not constitute legal advice. Consult a licensed Louisiana attorney before use.