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La. Rev. Stat. § 9:3144 (2026)

Warranties; exclusions

✓ laws through the 2025 Regular Session (checked Sept. 2026)
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§3144.  Warranties; exclusions

A.  Subject to the exclusions provided in Subsection B of this Section, every builder warrants the following to the owner:

(1)  One year following the warranty commencement date, the home will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.

(2)  Two years following the warranty commencement date, the plumbing, electrical, heating, cooling, and ventilating systems exclusive of any appliance, fixture, and equipment will be free from any defect due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.

(3)  Five years following the warranty commencement date, the home will be free from major structural defects due to noncompliance with the building standards or due to other defects in materials or workmanship not regulated by building standards.

B.  Unless the parties otherwise agree in writing, the builder's warranty shall exclude the following items:

(1)  Fences, landscaping, including but not limited to sodding, seeding, shrubs, existing and new trees, and plantings, as well as off-site improvements, all driveways and walkways, or any other improvement not a part of the home itself.

(2)  After the first year, the concrete floor of a basement and the concrete floor of an attached or unattached garage that is built separate from a foundation wall or other structural element of the home.

(3)  Damage to real property which is not part of the home covered by the warranty and which is not included in the purchase price of the home.

(4)  Any damage to the extent it is caused or made worse by any of the following:

(a)  Negligence, improper maintenance, neglect or improper operation by anyone other than the builder or any employee, agent, or subcontractor of the builder.

(b)  Failure by anyone other than the builder or any employee, agent, or subcontractor of the builder to comply with the warranty requirements of manufacturers of appliances, equipment, or fixtures.

(c)  Failure by the owner to give written notice by registered or certified mail to the builder of any defect within the time set forth in R.S. 9:3145.  However, the provisions of this Subparagraph shall not be construed to change either the warranty periods enumerated in Subsection A of this Section or the notice requirements provided by R.S. 9:3145.

(d)  Any change of the grading of the ground by anyone other than the builder, or any employee, agent, or subcontractor of the builder.

(e)  Any change, alteration, or addition made to the home by anyone after the initial occupancy by the owner, except any change, alteration, or addition performed by the builder, or any employee, agent, or subcontractor of the builder.

(f)  Dampness, condensation, or other damage due to the failure of the owner to maintain adequate ventilation or drainage.

(5)  Any loss or damage which the owner has not taken timely action to minimize.

(6)  Any defect in, or any defect caused by, materials or work supplied by anyone other than the builder, or any employee, agent, or subcontractor of the builder.

(7)  Normal wear and tear or normal deterioration.

(8)  Loss or damage which does not constitute a defect in the construction of the home by the builder, or any employee, agent, or subcontractor of the builder.

(9)  Loss or damage resulting from war, accident, riot and civil commotion, water escape, falling objects, aircraft, vehicles, acts of God, lightning, windstorm, hail, flood, mudslide, earthquake, volcanic eruption, wind driven water, and changes in the level of the underground water table which are not reasonably foreseeable.

(10)  Any damage caused by soil movement which is covered by other insurance.

(11)  Insect damage.

(12)  Any loss or damage which arises while the home is being used primarily for a nonresidential purpose.

(13)  Any condition which does not result in actual physical damage to the home.

(14)  Bodily injury or damage to personal property.

(15)  Any cost of shelter, transportation, food, moving, storage, or other incidental expense related to relocation during repair.

(16)  Any defect not reported in writing by registered or certified mail to the builder or insurance company, as appropriate, prior to the expiration of the period specified in Subsection A of this Section for such defect plus thirty days.

(17)  Consequential damages.

(18)  Any loss or damage to a home caused by soil conditions or soil movement if the home is constructed on land owned by the initial purchaser and the builder obtains a written waiver from the initial purchaser for any loss or damage caused by soil conditions or soil movement.

(19)  Mold and mold damage.

C.  The provisions of Subsection A of this Section establish minimum required warranties and shall not be waived by the owner or reduced by the builder provided the home is a single or multiple family dwelling to be occupied by an owner as his home.

Acts 1986, No. 676, §1; Acts 1997, No. 987, §1; Acts 1999, No. 649, §1; Acts 2001, No. 179, §1; Acts 2003, No. 333, §1; Acts 2004, No. 45, §1.

Notes of Decisions
Cited in 52 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 12× “shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period in R.S. 9:3144." La. R.S. 9:3146. It is undisputed that the Carters and Duhe, as owner and builder [2] of a newly constructed home, are intended to be covered *967 under…”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). · cites it 14× “R.S. 9:3144 A(3) governs the existence of the warranty at issue, as follows.”
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). · cites it 9× “R.S. 9:3144(A) sets out those warranties: A.”
Graf v. Jim Walter Homes, Inc., 713 So. 2d 682 (La. Ct. App. 1998). · cites it 8× “The posture of the instant case—specifically, the action within one year which made the NHWA warranty extend to "any defect," LSA-R.S. 9:3144 A (1); the plaintiff's failure to challenge the exclusion of his contract claim; and, the lack of any issue of prescription—makes it…”
Paragon Lofts Condo. Owners Ass'n v. Paragon Lofts, L.L.C., 55 So. 3d 970 (La. Ct. App. 2011). · cites it 12× “R.S. 9:3144 and 9:3146. The New Home Warranty Act governs the exclusive remedies, warranties and prescriptive periods as between a builder and owner relative to home construction.”
Craig v. Adams Interiors, Inc., 785 So. 2d 997 (La. Ct. App. 2001). · cites it 6× “R.S. 9:3144 A(2), 9:3143(2). The court then found that the fireplace was improperly installed.”
Stutts v. Melton, 130 So. 3d 808 (La. 2013). · cites it 3× “R.S. 9:3144 to enforce any warranty. An owner has a cause of action against the builder who fails to perform as required by the warranties for actual damages, including attorney fees and court costs arising out of the violation.”
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). · cites it 4× “R.S. 9:3144(A), expressly provides mandatory warranties on behalf of every builder to the homeowner, ranging from one year to five years following the warranty commencement date.”
Mike Gines v. D.R. Horton, Inc., 699 F.3d 812 (5th Cir. 2012). “” La.Rev.Stat. Ann. § 9:3144(B)(13). We are asked to determine whether Gines was required to allege in his NHWA claims that the construction defect — the undersized air conditioning system — resulted in actual physical damage to his home.”
Pumphrey v. Harris, 111 So. 3d 86 (La. Ct. App. 2012). · cites it 2× “R.S. 9:3144(A)(3) and La. R.S. 9:3143(7).”
Eiswirth v. Anthony L. Golemi, Contractor, Inc., 864 So. 2d 792 (La. Ct. App. 2003). · cites it 9× “R.S. 9:3144 and 9:3146. Defendant did not contend in the trial court that plaintiffs breach of contract claims have prescribed nor was this issue addressed during the exception hearing, and thus the trial court’s judgment granting the exception of prescription only relates to…”
Shaw v. Acadian Builders & Contractors, LLC, 130 So. 3d 914 (La. 2013). · cites it 8× “La.Rev.Stat. § 9:3144(A) (emphasis added).”
Show all 52 citing cases →
La. Rev. Stat. § 9:3144(1): 1 case
Davis v. Seghers, 860 So. 2d 261 (La. Ct. App. 2003).
La. Rev. Stat. § 9:3144(15): 1 case
Ogea v. Merritt, 109 So. 3d 516 (La. Ct. App. 2013).
La. Rev. Stat. § 9:3144(2): 2 cases
Dalme v. Blockers Manufactured Homes, Inc., 779 So. 2d 1014 (La. Ct. App. 2001).
Simmons v. S. Energy Homes, Inc., 783 So. 2d 636 (La. Ct. App. 2001).
La. Rev. Stat. § 9:3144(3): 1 case
Graf v. Jim Walter Homes, Inc., 713 So. 2d 682 (La. Ct. App. 1998). “The posture of the instant case—specifically, the action within one year which made the NHWA warranty extend to "any defect," LSA-R.S. 9:3144 A (1); the plaintiff's failure to challenge the exclusion of his contract claim; and, the lack of any issue of prescription—makes it…”
La. Rev. Stat. § 9:3144(A): 8 cases
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period in R.S. 9:3144." La. R.S. 9:3146. It is undisputed that the Carters and Duhe, as owner and builder [2] of a newly constructed home, are intended to be covered *967 under…”
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3144 to enforce any warranty. An owner has a cause of action against the builder who fails to perform as required by the warranties for actual damages, including attorney fees and court costs arising out of the violation.”
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “R.S. 9:3144(A) sets out those warranties: A.”
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). “R.S. 9:3144(A), expressly provides mandatory warranties on behalf of every builder to the homeowner, ranging from one year to five years following the warranty commencement date.”
Shaw v. Acadian Builders & Contractors, LLC, 130 So. 3d 914 (La. 2013). “La.Rev.Stat. § 9:3144(A) (emphasis added).”
La. Rev. Stat. § 9:3144(A)(1): 6 cases
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3144 to enforce any warranty. An owner has a cause of action against the builder who fails to perform as required by the warranties for actual damages, including attorney fees and court costs arising out of the violation.”
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “R.S. 9:3144(A) sets out those warranties: A.”
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). “R.S. 9:3144(A), expressly provides mandatory warranties on behalf of every builder to the homeowner, ranging from one year to five years following the warranty commencement date.”
Turner v. Fleetwood Homes of Alabama, Inc., 711 So. 2d 742 (La. Ct. App. 1998).
Shields v. Alvin R. Savoie & Assocs., Inc., 214 So. 3d 27 (La. Ct. App. 2017).
La. Rev. Stat. § 9:3144(A)(16): 2 cases
Betancourt v. Trahan, 274 So. 3d 620 (La. Ct. App. 2019).
Betancourt v. Trahan, 274 So. 3d 620 (La. Ct. App. 2019).
La. Rev. Stat. § 9:3144(A)(2): 4 cases
Ciliberti v. Mistretta, 879 So. 2d 789 (La. Ct. App. 2004).
Bynog v. M.R.L., L.L.C., 903 So. 2d 1197 (La. Ct. App. 2005).
Shields v. Alvin R. Savoie & Assocs., Inc., 214 So. 3d 27 (La. Ct. App. 2017).
Bynog v. MRL, LLC, 903 So. 2d 1197 (La. Ct. App. 2005).
La. Rev. Stat. § 9:3144(A)(3): 7 cases
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “R.S. 9:3144(A) sets out those warranties: A.”
Pumphrey v. Harris, 111 So. 3d 86 (La. Ct. App. 2012). “R.S. 9:3144(A)(3) and La. R.S. 9:3143(7).”
Shaw v. Acadian Builders & Contractors, LLC, 130 So. 3d 914 (La. 2013). “La.Rev.Stat. § 9:3144(A) (emphasis added).”
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). “R.S. 9:3144(A), expressly provides mandatory warranties on behalf of every builder to the homeowner, ranging from one year to five years following the warranty commencement date.”
Eiswirth v. Anthony L. Golemi, Contractor, Inc., 864 So. 2d 792 (La. Ct. App. 2003). “R.S. 9:3144 and 9:3146. Defendant did not contend in the trial court that plaintiffs breach of contract claims have prescribed nor was this issue addressed during the exception hearing, and thus the trial court’s judgment granting the exception of prescription only relates to…”
La. Rev. Stat. § 9:3144(B): 10 cases
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “R.S. 9:3144(A) sets out those warranties: A.”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). “R.S. 9:3144 A(3) governs the existence of the warranty at issue, as follows.”
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period in R.S. 9:3144." La. R.S. 9:3146. It is undisputed that the Carters and Duhe, as owner and builder [2] of a newly constructed home, are intended to be covered *967 under…”
Thorn v. Caskey, 745 So. 2d 653 (La. Ct. App. 1999).
Graf v. Jim Walter Homes, Inc., 713 So. 2d 682 (La. Ct. App. 1998). “The posture of the instant case—specifically, the action within one year which made the NHWA warranty extend to "any defect," LSA-R.S. 9:3144 A (1); the plaintiff's failure to challenge the exclusion of his contract claim; and, the lack of any issue of prescription—makes it…”
La. Rev. Stat. § 9:3144(B)(1): 2 cases
Royer v. VP Pierret Const. Co., Inc., 834 So. 2d 1078 (La. Ct. App. 2002).
Shepard v. Robinson Constr., LLC, 170 So. 3d 387 (La. Ct. App. 2015).
La. Rev. Stat. § 9:3144(B)(13): 4 cases
Mike Gines v. D.R. Horton, Inc., 699 F.3d 812 (5th Cir. 2012). “” La.Rev.Stat. Ann. § 9:3144(B)(13). We are asked to determine whether Gines was required to allege in his NHWA claims that the construction defect — the undersized air conditioning system — resulted in actual physical damage to his home.”
Pumphrey v. Harris, 111 So. 3d 86 (La. Ct. App. 2012). “R.S. 9:3144(A)(3) and La. R.S. 9:3143(7).”
Graf v. Jim Walter Homes, Inc., 713 So. 2d 682 (La. Ct. App. 1998). “The posture of the instant case—specifically, the action within one year which made the NHWA warranty extend to "any defect," LSA-R.S. 9:3144 A (1); the plaintiff's failure to challenge the exclusion of his contract claim; and, the lack of any issue of prescription—makes it…”
Stokes v. Oster Dev., Inc., 807 So. 2d 987 (La. Ct. App. 2002).
La. Rev. Stat. § 9:3144(B)(15): 1 case
Shields v. Alvin R. Savoie & Assocs., Inc., 214 So. 3d 27 (La. Ct. App. 2017).
La. Rev. Stat. § 9:3144(B)(16): 4 cases
Siragusa v. Bordelon, 195 So. 3d 100 (La. Ct. App. 2016). “R.S. 9:3144(A), expressly provides mandatory warranties on behalf of every builder to the homeowner, ranging from one year to five years following the warranty commencement date.”
Campo v. Sternberger, 179 So. 3d 908 (La. Ct. App. 2015).
State Farm Fire & Cas. Co. v. Bosley, 30 So. 3d 287 (La. Ct. App. 2010).
Joseph v. Kent, 89 So. 3d 447 (La. Ct. App. 2012).
La. Rev. Stat. § 9:3144(B)(18): 3 cases
Prestridge v. Elliott, 847 So. 2d 789 (La. Ct. App. 2003).
Guilbeau v. Custom Homes by Jim Russell, 950 So. 2d 732 (La. Ct. App. 2006).
Guilbeau v. Custom Homes by Jim Fussell, 985 So. 2d 79 (La. Ct. App. 2008).
La. Rev. Stat. § 9:3144(B)(4)(c): 1 case
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period in R.S. 9:3144." La. R.S. 9:3146. It is undisputed that the Carters and Duhe, as owner and builder [2] of a newly constructed home, are intended to be covered *967 under…”
La. Rev. Stat. § 9:3144(B)(5): 1 case
Shaw v. Acadian Builders & Contractors, LLC, 130 So. 3d 914 (La. 2013). “La.Rev.Stat. § 9:3144(A) (emphasis added).”
La. Rev. Stat. § 9:3144(B)(6): 2 cases
Bynog v. M.R.L., L.L.C., 903 So. 2d 1197 (La. Ct. App. 2005).
Bynog v. MRL, LLC, 903 So. 2d 1197 (La. Ct. App. 2005).
La. Rev. Stat. § 9:3144(B)(7): 2 cases
Bynog v. M.R.L., L.L.C., 903 So. 2d 1197 (La. Ct. App. 2005).
Bynog v. MRL, LLC, 903 So. 2d 1197 (La. Ct. App. 2005).
La. Rev. Stat. § 9:3144(B)(8): 1 case
Melancon v. Sunshine Const., Inc., 712 So. 2d 1011 (La. Ct. App. 1998).
La. Rev. Stat. § 9:3144(C): 7 cases
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period in R.S. 9:3144." La. R.S. 9:3146. It is undisputed that the Carters and Duhe, as owner and builder [2] of a newly constructed home, are intended to be covered *967 under…”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). “R.S. 9:3144 A(3) governs the existence of the warranty at issue, as follows.”
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “R.S. 9:3144(A) sets out those warranties: A.”
Frank v. Tran, 974 So. 2d 861 (La. Ct. App. 2008).
Royer v. VP Pierret Const. Co., Inc., 834 So. 2d 1078 (La. Ct. App. 2002).
La. Rev. Stat. § 9:3144(c): 1 case
Carter v. Duhe, 921 So. 2d 963 (La. 2006). “shall be subject to a peremptive period of thirty days after the expiration of the appropriate time period in R.S. 9:3144." La. R.S. 9:3146. It is undisputed that the Carters and Duhe, as owner and builder [2] of a newly constructed home, are intended to be covered *967 under…”
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