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La. Rev. Stat. § 9:3141 (2026)

CHAPTER 5.  NEW HOME WARRANTY ACT

✓ current as of May 2026
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CHAPTER 5.  NEW HOME WARRANTY ACT

§3141.  Purpose

The legislature finds a need to promote commerce in Louisiana by providing clear, concise, and mandatory warranties for the purchasers and occupants of new homes in Louisiana and by providing for the use of homeowners' insurance as additional protection for the public against defects in the construction of new homes.  This need can be met by providing a warranty for a new home purchaser defining the responsibility of the builder to that purchaser and subsequent purchasers during the warranty periods provided herein.  The warranty, which is mandatory in most cases, shall apply whether or not building code regulations are in effect in the location of the structure, thereby promoting uniformity of defined building standards.  Additionally, all provisions of this Chapter shall apply to any defect although there is no building standard directly regulating the defective workmanship or materials.

Acts 1986, No. 676, §1; Acts 1999, No. 649, §1.

Notes of Decisions
Cited in 76 cases (4 in the last 5 years), 1988–2022 · leading case: Carter v. Duhe, 921 So. 2d 963 (La. 2006).
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Carter v. Duhe, 921 So. 2d 963 (La. 2006). · cites it 8× “I respectfully dissent finding the majority errs by failing to correctly analyze the issue presented under a statutory analysis that would require us to interpret the Louisiana's New Home Warranty Act ("NHWA"), La.Rev.Stat. §§ 9:3141 et seq., strictly, thus finding the NHWA not…”
Mike Gines v. D.R. Horton, Inc., 699 F.3d 812 (5th Cir. 2012). · cites it 2× “” La.Rev.Stat. Ann. § 9:3141. Section 9:3150 of the NHWA provides that the Act establishes “the exclusive remedies, warranties, and peremp *817 tive periods as between builder and owner relative to home construction and no other provisions of law relative to warranties and…”
Dalme v. Blockers Manufactured Homes, Inc., 779 So. 2d 1014 (La. Ct. App. 2001). · cites it 4× “R.S. 9:3141, et seq. Cappaert contends that this provision is a mobile home owner's exclusive remedy against a manufacturer and that the provision requires proof of building standards applicable to the home's construction.”
Stutts v. Melton, 130 So. 3d 808 (La. 2013). · cites it 2× “R.S. 9:3141 et seq., provides the exclusive remedy between a home builder and a purchaser of residen *810 tial property, where the builder failed to disclose known defects in the home in a Residential Property Disclosure Statement.”
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). · cites it 3× “9:3141 through 9:3150, have been amended many times since originally enacted in 1986; however, the applicable version of the NHWA is the one in effect on the date that the homeowners first occupy their new home. See Hutcherson, 7 So.”
Robinson v. Wayne & Beverly Papania & Pyrenees Investments, LLC, 207 So. 3d 566 (La. Ct. App. 2016). “R.S. 9:3141: The legislature finds a need to promote commerce in Louisiana by providing clear, concise, and mandatory warranties for the purchasers and occupants of new homes in Louisiana and by providing for the use of homeowners’ insurance as additional protection for the…”
Austin Homes, Inc. v. Thibodeaux, 821 So. 2d 10 (La. Ct. App. 2002). · cites it 2× “R.S. 9:3141, preempts La.R.S. 9:2771—essentially, a contractor's immunity statute.”
Iteld v. Four Corners Constr. L.P., 157 So. 3d 702 (La. Ct. App. 2013). · cites it 2× “R.S. 9:3141 et seq. ... The Builder’s warranty excludes damages or defects caused by abuse, modifications not executed or authorized by Builder, improper or insufficient maintenance, improper operation or normal wear and tear under normal usages, and all other exclusions set…”
Marks v. New Orleans Police Dept., 943 So. 2d 1028 (La. 2006). “In that case the builder failed to give the owners notice of the NHWA's requirements and the homeowners were attempting to recover damages outside the provisions of the NHWA.”
Graf v. Jim Walter Homes, Inc., 713 So. 2d 682 (La. Ct. App. 1998). · cites it 2× “Because the contract involved the building of a new residence, plaintiff brought an action couched in terms of contract, redhibition, and remedies pursuant to the Louisiana New Home Warranty Act, (NHWA), LSA-R.S. 9:3141 et seq. Defendant moved for partial summary judgment, and…”
Ebinger v. Venus Constr. Corp., 65 So. 3d 1279 (La. 2011). “R.S. 9:3141, et seq. On September 22, 2006, Venus filed a third-party demand seeking indemnification from engineer Roy Carubba and the subcontractor that supplied the foundation, Post-Tension Slabs, Inc.”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). · cites it 2× “This is an appeal of a judgment awarding damages pursuant to the Louisiana New Home Warranty Act, LSA-R.S. 9:3141, et seq. For the following reasons, we affirm.”
Show all 76 citing cases →
— La. Rev. Stat. § 9:3141(B)(14) — 1 case
State Farm Fire & Cas. Co. v. Bosley, 30 So. 3d 287 (La. Ct. App. 2010).
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