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La. Rev. Stat. § 9:3143 (2026)

Definitions

✓ current as of May 2026
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§3143.  Definitions

For purposes of this Chapter the following words, phrases, and terms shall be defined and construed as follows:

(1)  "Builder" means any person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or addition thereto, including a home occupied initially by its builder as his residence.  A person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or any addition thereto, is a "builder", whether or not the consumer purchased the underlying real estate with the home.

(2)  "Building standards" means the standards contained in the building code, mechanical-plumbing code, and electrical code in effect in the parish, city, or other local political subdivision where a home is to be located, at the time construction of that home is commenced, or, if the parish, city, or other local political subdivision has not adopted such codes, the Standard Building Code, together with any additional performance standards, if any, which the builder may undertake to be in compliance.

(3)  "Home" means any new structure designed and used only for residential use, together with all attached and unattached structures, constructed by the builder whether or not the land was purchased from the builder. Such term includes structures containing multiple family dwellings or residences.

(4)  "Initial purchaser" means any person for whom a home is built or the first person to whom a home is sold upon completion of construction.

(5)  "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe, unsanitary, or is otherwise unlivable:

(a)  Foundation systems and footings.

(b)  Beams.

(c)  Girders.

(d)  Lintels.

(e)  Columns.

(f)  Walls and partitions.

(g)  Floor systems.

(h)  Roof framing systems.

(6)  "Owner" means the initial purchaser of a home and any of his successors in title, heirs, invitees, or assigns to a home during the time the warranties provided under this Chapter are in effect.

(7)  "Warranty commencement date" means the date that legal title to a home is conveyed to its initial purchaser or the date the home is first occupied, whichever occurs first.

Acts 1986, No. 676, §1; Acts 1997, No. 987, §1; Acts 1999, No. 649, §1; Acts 2003, No. 333, §1.

Notes of Decisions
Cited in 50 cases (3 in the last 5 years), 1997–2022 · 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 6× “R.S. 9:3143(1). [3] (5) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
Shaw v. Acadian Builders & Contractors, LLC, 130 So. 3d 914 (La. 2013). · cites it 18× “2 § 9:3143. Thus, it constituted a major structural defect and the five-year warranty applied.”
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). · cites it 6× “R.S. 9:3143(1). A “home” is “any new structure designed and used only for residential use .”
Pumphrey v. Harris, 111 So. 3d 86 (La. Ct. App. 2012). · cites it 3× “|7At the hearing on the builders’ motion for summary judgment, the trial court was focused on the “livability” portion of the statutory definition when it pointed out *91 that the only evidence regarding the livability of the plaintiffs’ home was in connection with the…”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). · cites it 7× “The trial court concluded that this type of damage was clearly contemplated by the *780 NHWA in LSA-R.S. 9:3143(5) in which actual physical damage to roof framing systems is specifically enumerated as a major structural defect.”
Paragon Lofts Condo. Owners Ass'n v. Paragon Lofts, L.L.C., 55 So. 3d 970 (La. Ct. App. 2011). · cites it 8× “R.S. 9:3143(1). *976 Then, even if the Act were stretched to cover the new construction in this old warehouse, because there is no allegation that the condominium association is the "owner" of the home, I struggle to discern how the condominium association has a cause of action…”
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). · cites it 4× “R.S. 9:3143(2). Similarly, the language does not reflect the intent to waive any mandatory statutory exclusion relating to the various elements of bodily injury damages, consequential damages, and nonpecuniary damages sought by plaintiffs.”
Robinson v. Wayne & Beverly Papania & Pyrenees Investments, LLC, 207 So. 3d 566 (La. Ct. App. 2016). · cites it 2× “R.S. 9:3143(1). And an “owner” under the NHWA is defined as the initial purchaser of a home.”
Craig v. Adams Interiors, Inc., 785 So. 2d 997 (La. Ct. App. 2001). · cites it 4× “9:3144 A(2) and 9:3143(5); that the Craigs failed to prove building standards, actual physical damages and causation, as required by R.S. 9:3143(2) and 9:3144 B(13); and that even if every element of an NHWA claim was proved, the damages are excessive.”
Stutts v. Melton, 130 So. 3d 808 (La. 2013). · cites it 2× “R.S. 9:3143(1). . A "major structural defect” is defined as "any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
Thibodaux v. Arthur Rutenberg Homes, Inc., 928 So. 2d 80 (La. Ct. App. 2005). · cites it 6× “" LSA-R.S. 9:3143(1). If a builder breaches a warranty contained in the HWA, an owner has a cause of action for "actual damages, including attorney fees and court costs, arising out of the violation.”
Cosman v. Cabrera, 28 So. 3d 1075 (La. Ct. App. 2009). · cites it 4× “) Under LSA-R.S. 9:3143(1), a "[b]uilder” is defined as "any person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or addition thereto_” (Emphasis added.”
Show all 50 citing cases →
La. Rev. Stat. § 9:3143(1): 23 cases
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). “R.S. 9:3143(1). A “home” is “any new structure designed and used only for residential use .”
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “R.S. 9:3143(1). [3] (5) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
Robinson v. Wayne & Beverly Papania & Pyrenees Investments, LLC, 207 So. 3d 566 (La. Ct. App. 2016). “R.S. 9:3143(1). And an “owner” under the NHWA is defined as the initial purchaser of a home.”
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3143(1). . A "major structural defect” is defined as "any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
Paragon Lofts Condo. Owners Ass'n v. Paragon Lofts, L.L.C., 55 So. 3d 970 (La. Ct. App. 2011). “R.S. 9:3143(1). *976 Then, even if the Act were stretched to cover the new construction in this old warehouse, because there is no allegation that the condominium association is the "owner" of the home, I struggle to discern how the condominium association has a cause of action…”
La. Rev. Stat. § 9:3143(2): 7 cases
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “R.S. 9:3143(2). Similarly, the language does not reflect the intent to waive any mandatory statutory exclusion relating to the various elements of bodily injury damages, consequential damages, and nonpecuniary damages sought by plaintiffs.”
Craig v. Adams Interiors, Inc., 785 So. 2d 997 (La. Ct. App. 2001). “9:3144 A(2) and 9:3143(5); that the Craigs failed to prove building standards, actual physical damages and causation, as required by R.S. 9:3143(2) and 9:3144 B(13); and that even if every element of an NHWA claim was proved, the damages are excessive.”
Graf v. Jim Walter Homes, Inc., 713 So. 2d 682 (La. Ct. App. 1998).
Dalme v. Blockers Manufactured Homes, Inc., 779 So. 2d 1014 (La. Ct. App. 2001).
Leon v. Deters Custom Homes, Inc., 711 So. 2d 346 (La. Ct. App. 1998).
La. Rev. Stat. § 9:3143(3): 10 cases
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). “R.S. 9:3143(1). A “home” is “any new structure designed and used only for residential use .”
Paragon Lofts Condo. Owners Ass'n v. Paragon Lofts, L.L.C., 55 So. 3d 970 (La. Ct. App. 2011). “R.S. 9:3143(1). *976 Then, even if the Act were stretched to cover the new construction in this old warehouse, because there is no allegation that the condominium association is the "owner" of the home, I struggle to discern how the condominium association has a cause of action…”
Dalme v. Blockers Manufactured Homes, Inc., 779 So. 2d 1014 (La. Ct. App. 2001).
Cosman v. Cabrera, 28 So. 3d 1075 (La. Ct. App. 2009). “) Under LSA-R.S. 9:3143(1), a "[b]uilder” is defined as "any person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or addition thereto_” (Emphasis added.”
Lang v. Sproull, 36 So. 3d 407 (La. Ct. App. 2010).
La. Rev. Stat. § 9:3143(4): 1 case
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “R.S. 9:3143(1). [3] (5) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
La. Rev. Stat. § 9:3143(5): 16 cases
Shaw v. Acadian Builders & Contractors, LLC, 130 So. 3d 914 (La. 2013). “2 § 9:3143. Thus, it constituted a major structural defect and the five-year warranty applied.”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). “The trial court concluded that this type of damage was clearly contemplated by the *780 NHWA in LSA-R.S. 9:3143(5) in which actual physical damage to roof framing systems is specifically enumerated as a major structural defect.”
Cupit v. Hernandez, 48 So. 3d 1114 (La. Ct. App. 2010).
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “R.S. 9:3143(1). [3] (5) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
Craig v. Adams Interiors, Inc., 785 So. 2d 997 (La. Ct. App. 2001). “9:3144 A(2) and 9:3143(5); that the Craigs failed to prove building standards, actual physical damages and causation, as required by R.S. 9:3143(2) and 9:3144 B(13); and that even if every element of an NHWA claim was proved, the damages are excessive.”
La. Rev. Stat. § 9:3143(5)(a): 3 cases
Pumphrey v. Harris, 111 So. 3d 86 (La. Ct. App. 2012). “|7At the hearing on the builders’ motion for summary judgment, the trial court was focused on the “livability” portion of the statutory definition when it pointed out *91 that the only evidence regarding the livability of the plaintiffs’ home was in connection with the…”
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). “R.S. 9:3143(1). A “home” is “any new structure designed and used only for residential use .”
Prestridge v. Elliott, 847 So. 2d 789 (La. Ct. App. 2003).
La. Rev. Stat. § 9:3143(5)(f): 1 case
Shaw v. Acadian Builders & Contractors, LLC, 130 So. 3d 914 (La. 2013). “2 § 9:3143. Thus, it constituted a major structural defect and the five-year warranty applied.”
La. Rev. Stat. § 9:3143(6): 8 cases
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “R.S. 9:3143(1). [3] (5) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
Thibodaux v. Arthur Rutenberg Homes, Inc., 928 So. 2d 80 (La. Ct. App. 2005). “" LSA-R.S. 9:3143(1). If a builder breaches a warranty contained in the HWA, an owner has a cause of action for "actual damages, including attorney fees and court costs, arising out of the violation.”
Allemand v. Discovery Homes, Inc., 38 So. 3d 1183 (La. Ct. App. 2010).
Melancon v. Sunshine Const., Inc., 712 So. 2d 1011 (La. Ct. App. 1998).
Cosman v. Cabrera, 28 So. 3d 1075 (La. Ct. App. 2009). “) Under LSA-R.S. 9:3143(1), a "[b]uilder” is defined as "any person, corporation, partnership, limited liability company, joint venture, or other entity which constructs a home, or addition thereto_” (Emphasis added.”
La. Rev. Stat. § 9:3143(7): 16 cases
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “R.S. 9:3143(1). [3] (5) "Major structural defect" means any actual physical damage to the following designated load-bearing portions of a home caused by failure of the load-bearing portions which affects their load-bearing functions to the extent the home becomes unsafe,…”
Paragon Lofts Condo. Owners Ass'n v. Paragon Lofts, L.L.C., 55 So. 3d 970 (La. Ct. App. 2011). “R.S. 9:3143(1). *976 Then, even if the Act were stretched to cover the new construction in this old warehouse, because there is no allegation that the condominium association is the "owner" of the home, I struggle to discern how the condominium association has a cause of action…”
Robinson v. Wayne & Beverly Papania & Pyrenees Investments, LLC, 207 So. 3d 566 (La. Ct. App. 2016). “R.S. 9:3143(1). And an “owner” under the NHWA is defined as the initial purchaser of a home.”
Pumphrey v. Harris, 111 So. 3d 86 (La. Ct. App. 2012). “|7At the hearing on the builders’ motion for summary judgment, the trial court was focused on the “livability” portion of the statutory definition when it pointed out *91 that the only evidence regarding the livability of the plaintiffs’ home was in connection with the…”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). “The trial court concluded that this type of damage was clearly contemplated by the *780 NHWA in LSA-R.S. 9:3143(5) in which actual physical damage to roof framing systems is specifically enumerated as a major structural defect.”
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