Month: December 2014

Builder Responsibility for Subcontractors

Question: My buyer client requested that her builder fix some problems recently discovered in the home that my client feels are covered by the Louisiana New Home Warranty Act.  The builder said the problems were caused by a sub-contractor that was hired by one of the builder’s sub-contractors and the builder is not responsible for the work of this “3rd party sub-contractor.”  Is this correct? Answ ...[Read More]

Notice Requirement of LA New Home Warranty Act

Case Study: According to La. R.S. 9:3145, an owner of property must notify their builder in writing of defects in their new construction home, this writing must be sent via certified mail, and the owner must give the builder an opportunity to fix the defects before undertaking the work themselves. This week, we will discuss below a Louisiana 1st Circuit Court of Appeals case dealing with this R ...[Read More]

Physical Damage Requirement for Louisiana New Home Warranty Act Claim

Question: I’ve heard that buyers of a home must establish “Physical Damage” to the home in order to be successful in their claims under the Louisiana New Home Warranty Act.  Is this correct and, if so, what constitutes “Physical Damage”? Answer/Recommendation: There are a couple of cases that help explain what constitutes physical damage (and what doesn’t constitute physical damage). In Bynog v. M ...[Read More]

Who Owes HOA Dues?

Question: My client purchased a home in September, 2014, and recently received a bill for the Home Owner’s Association (HOA) dues for the entire 2014 calendar year.  Do the sellers have any responsibility to pay all or part of this 2014 HOA bill? Answer/Recommendation: Hopefully, the closing attorney correctly prorated HOA dues on the HUD and collected from sellers the portion of HOA dues owed by ...[Read More]