Construction Defect Demand Letter - Louisiana

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. If the parties, home, and defects fall within the Louisiana New Home Warranty Act (NHWA), La. R.S. 9:3141 through 9:3150, this letter is intended to provide the notice required by La. R.S. 9:3145 and to give you a reasonable opportunity to inspect and comply before repair or suit.

THIS NOTICE IS SENT BY CERTIFIED MAIL. PROMPTLY REQUEST ANY REASONABLE INSPECTION AND STATE YOUR PROPOSED RESPONSE.

I. LOUISIANA-SPECIFIC LEGAL FRAMEWORK

A. Louisiana New Home Warranty Act

The NHWA applies defined terms. A “home” is a new structure designed and used only for residential use, including attached and unattached structures built by the builder and structures containing multiple-family dwellings. An “owner” includes the initial purchaser and successors in title, heirs, invitees, or assigns while the statutory warranties remain in effect. A “builder” includes an entity that constructs a home or an addition. La. R.S. 9:3143(1), (3), and (6). Confirm that the transaction and parties fit those definitions before using this form as statutory notice.

The warranty commencement date is the earlier of conveyance of legal title to the initial purchaser or first occupancy. La. R.S. 9:3143(7). Subject to the exclusions in § 3144(B), every builder warrants:

• for one year after the warranty commencement date, freedom from defects caused by noncompliance with building standards or other defects in materials or workmanship not regulated by those standards;
• for two years, the plumbing, electrical, heating, cooling, and ventilating systems—excluding appliances, fixtures, and equipment—on the same standards; and
• for five years, freedom from major structural defects on the same standards. La. R.S. 9:3144(A).

A major structural defect requires actual physical damage caused by failure of a listed load-bearing portion that affects its load-bearing function to the point the home becomes unsafe, unsanitary, or otherwise unlivable. La. R.S. 9:3143(5).

B. Prescription (Statute of Limitations)

The NHWA is exclusive between builder and owner relative to home construction. Other claims, defendants, and transactions outside that relationship require separate classification. Common provisions that may matter outside the exclusive NHWA track include:

Do not treat the general Civil Code periods as overriding the NHWA's exclusive remedy and peremption. Claim type, accrual date, parties, contract terms, and transition law require attorney review.

C. Peremption (Statute of Repose)

The one-, two-, and five-year periods in La. R.S. 9:3144 are warranty periods. La. R.S. 9:3146 separately provides that an action to enforce an NHWA warranty is subject to a peremptive period of thirty days after the applicable warranty period expires. Under La. C.C. art. 3461, peremption generally may not be renounced, interrupted, or suspended. Calculate the warranty commencement date and filing deadline before sending this notice; a demand letter does not itself extend statutory peremption.

D. Warranties Under Louisiana Law

La. R.S. 9:3150 makes the NHWA's remedies, warranties, and peremptive periods exclusive between builder and owner relative to home construction and states that other law concerning warranties and redhibitory vices or defects does not apply in that relationship. Do not automatically add redhibition or implied-warranty counts to an NHWA builder-owner claim. Analyze separately any express contractual obligation, warranty of title, non-builder defendant, non-NHWA project, or other claim outside § 3150.

The statutory warranties and any insurance benefit automatically transfer without charge to a subsequent owner, but a transfer does not extend their duration. La. R.S. 9:3148.

E. Contractor Licensing Requirements

La. R.S. 37:2150.1 uses project-specific thresholds. Its current definitions cover commercial construction and new residential structures at $50,000 or more, improvements or repairs to an existing residential structure at $7,500 or more, mold remediation at $7,500 or more, and electrical contracting at $10,000 or more, subject to the chapter's classifications and exemptions. Verify the credential, project value, scope, and law effective on the work date. Enrolled 2026 legislation reorganizes § 2150.1 effective August 1, 2026, so counsel should confirm the then-current subsection numbering.

The Louisiana State Uniform Construction Code is established under La. R.S. 40:1730.21 et seq. Identify the code edition, local enforcement authority, permit, inspection, and exact provision applicable when construction began; do not cite a generic code violation without that project-specific support.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:

• Name: [NAME]
• License Number: [NUMBER]
• Address: [ADDRESS]
• Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed defective)

III. DESCRIPTION OF DEFECTS

For each defect, identify the observed condition, date of knowledge, applicable warranty category, supporting evidence, and requested correction. La. R.S. 9:3145 requires notice advising the builder of all defects.

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)
☐ Outside or excluded from NHWA — identify other verified basis: [BASIS]

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

La. R.S. 9:3149(A) authorizes actual damages, including attorney fees and court costs, for a builder's failure to perform the statutory warranties. For one defect, damages may not exceed the reasonable repair or replacement cost necessary to cure it; damages for all defects may not exceed the home's original purchase price. Section 3144(B) excludes, among other things, bodily injury, personal-property damage, relocation expenses, consequential damages, and mold or mold damage from the statutory warranty unless a written agreement changes an exclusion that the statute permits the parties to alter. List excluded or non-NHWA losses separately only after counsel identifies an independent, nonexclusive legal basis.

V. LEGAL BASIS FOR CLAIMS

A. Louisiana New Home Warranty Act

For every listed defect within La. R.S. 9:3144(A) and not excluded by § 3144(B), you failed to perform the applicable NHWA warranty. The requested statutory remedy is: [REPAIR / REPLACEMENT / ACTUAL DAMAGES].

B. Breach of Contract

If this claim is outside the exclusive builder-owner NHWA relationship or rests on an independently enforceable obligation, identify the exact contract provision, performance promised, breach, and recoverable loss: [DETAILS].

C. Breach of Express Warranty

Identify the warrantor, exact written warranty language, covered component, duration, and breach: [DETAILS].

D. Claims Outside the NHWA

La. R.S. 9:3150 makes the NHWA exclusive between builder and owner relative to home construction. Do not assert redhibition, another warranty, negligence, or a code-based damages theory against the builder without counsel confirming that the claim falls outside or survives that exclusivity provision. Identify the defendant, duty or obligation, legal authority, and facts: [DETAILS].

E. Building-Code or Permit Noncompliance

The following defect fails the code, permit, approved plan, or inspection requirement in effect for this project: [CODE EDITION / SECTION / AUTHORITY / DEFECT]. Under La. R.S. 9:3143(2), NHWA “building standards” generally refer to the applicable local building, mechanical-plumbing, and electrical codes in effect when construction commenced, with the statute's fallback and any additional performance standards undertaken by the builder.

VI. STATUTORY NOTICE REQUIREMENTS

A. Owner's Notice and Builder's Opportunity

Before undertaking repair or filing an NHWA warranty action, La. R.S. 9:3145(A) requires the owner to give the builder written notice by registered or certified mail within one year after knowledge of the defect, advise the builder of all defects, and give the builder a reasonable opportunity to comply with the Act.

La. R.S. 9:3144(B)(16) separately excludes a defect not reported in writing by registered or certified mail to the builder or appropriate insurer before the applicable warranty period expires plus thirty days. Both timing rules must be analyzed. Sending this notice does not revive an expired warranty or perempted action.

La. R.S. 9:3145(B) also requires the builder to give the owner written notice of the Chapter's requirements at closing, or at execution of the construction contract if there is no closing. State whether that disclosure was provided: [YES / NO / UNKNOWN; ATTACH IF AVAILABLE].

B. Response Deadline

The NHWA does not prescribe a fixed builder-response period. To provide the reasonable opportunity required by § 3145(A), your written response is requested by [DATE], which is [NUMBER] days after receipt, subject to any shorter filing deadline or mutually agreed inspection schedule.

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. No Automatic Waiver or Inference

This notice does not claim that nonresponse automatically waives inspection rights or creates an adverse evidentiary inference. If no timely inspection or compliance proposal is received, the owner may take the steps counsel determines are permitted while preserving the peremptive filing deadline.

VII. DEMAND FOR INSPECTION ACCESS

We offer a reasonable opportunity to inspect the property before nonemergency repair or suit, as contemplated by La. R.S. 9:3145(A). To request an inspection:

1. Contact our office in writing by [RESPONSE DATE]
2. Propose inspection dates during reasonable business hours
3. Identify all persons who will attend
4. Identify any experts who will participate

Before any owner-performed repair, obtain claim-specific advice because § 3145(A) requires notice and a reasonable opportunity to comply before the owner undertakes repair. Document the condition before any alteration and preserve removed materials where reasonably possible.

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

Preservation Request: Preserve the listed material in its existing form. Any preservation duty, inference, sanction, or other remedy depends on the facts and governing procedural law; this letter does not state that any consequence is automatic.

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 recoverable investigation and expert costs under [IDENTIFY AUTHORITY]: $[AMOUNT]
4. Payment of attorney fees recoverable under La. R.S. 9:3149(A) or [OTHER IDENTIFIED AUTHORITY]: $[AMOUNT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.

X. CONCLUSION

Please respond in writing by [RESPONSE DATE] and promptly propose any inspection needed to evaluate compliance. The owner will not allow a voluntary response period to expire an applicable warranty, reporting cutoff, prescription period, or the peremptive deadline in La. R.S. 9:3146.

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.):

• Confirm the statutory definitions of builder, home, owner, initial purchaser, building standards, and warranty commencement date in § 3143
• The warranty periods are one, two, and five years from the earlier of title conveyance or first occupancy
• Before owner repair or suit, § 3145 requires registered- or certified-mail notice within one year after knowledge, advising all defects and allowing a reasonable opportunity to comply
• Section 3144(B)(16) separately requires reporting before the applicable warranty expires plus 30 days
• Section 3148 automatically transfers the remaining warranty and insurance benefit to a subsequent owner without extending duration
• Section 3150 makes NHWA remedies, warranties, and peremptive periods exclusive between builder and owner relative to home construction

Major Structural Defect Definition:

• Section 3143(5) lists foundation systems and footings, beams, girders, lintels, columns, walls and partitions, floor systems, and roof framing systems
• The failure must affect the portion's load-bearing function so the home becomes unsafe, unsanitary, or otherwise unlivable

Prescription and Peremption:

• Louisiana uses "prescription" rather than "limitations"
• The 1/2/5-year periods are warranty periods; § 3146 perempts the enforcement action 30 days after the applicable warranty expires
• Article 3499 generally provides 10-year prescription for a personal action unless legislation provides otherwise
• Current article 3493.1 generally provides two-year prescription for a delictual action from injury or damage sustained
• Do not apply either general article without checking NHWA exclusivity, claim type, accrual, transition law, and special statutes

Contractor Licensing:

• Current § 2150.1 thresholds include $50,000 for commercial or new-residential construction, $7,500 for existing-residential improvements or repairs and mold remediation, and $10,000 for electrical contracting
• Verify classifications, exemptions, project value, work date, and the credential actually held
• Enrolled 2026 legislation reorganizes § 2150.1 effective August 1, 2026; confirm then-current numbering before final use

NHWA Exclusions and Damages:

• Review every exclusion in § 3144(B), including causation/maintenance exclusions and excluded bodily injury, personal property, relocation expense, consequential damages, and mold
• Section 3149 permits actual damages including attorney fees and court costs, caps one-defect recovery at reasonable cure cost, and caps all-defect recovery at original purchase price
• Section 3149(B) permits parties to provide for arbitration subject to Louisiana arbitration law

SOURCES AND REFERENCES

• La. R.S. 9:3143 — NHWA definitions
• La. R.S. 9:3144 — warranties and exclusions
• La. R.S. 9:3145 — required notice
• La. R.S. 9:3146 — peremption
• La. R.S. 9:3148 — transfer
• La. R.S. 9:3149 — damages and arbitration
• La. R.S. 9:3150 — exclusiveness
• La. C.C. art. 3493.1 — current delictual prescription
• La. C.C. art. 3499 — personal actions
• La. C.C. art. 3461 — effect of peremption
• La. R.S. 37:2150.1 — contractor definitions and thresholds
• La. R.S. 40:1730.21 — State Uniform Construction Code policy

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Louisiana attorney before use.