Louisiana Revised Statutes & Codes
La. Rev. Stat. § 9:3149 (2026)
Violations; limitations
✓ current as of May 2026
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§3149. Violations; limitations
A. If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out of the violation. The damages with respect to a single defect shall not exceed the reasonable cost of repair or replacement necessary to cure the defect, and damages with respect to all defects in the home shall not exceed the original purchase price of the home.
B. The parties may provide for the arbitration of any claim in dispute. Any arbitration shall comply with, and may be binding only to the extent provided in R.S. 9:4201 et seq.
Acts 1986, No. 676, §1.
Notes of Decisions
Cited in 19
cases (1 in the last 5 years), 1998–2024 · leading case: Stutts v. Melton, 130 So. 3d 808 (La. 2013).
Stutts v. Melton, 130 So. 3d 808 (La. 2013). “R.S. 9:3149. However, the NHWA “provides the exclusive remedies, warranties, and peremptive periods as between builder and owner relative to home construction and no other provisions of law relative to warranties and redhibitory vices and defects shall apply.”
Hutcherson v. Harvey Smith Constr., Inc., 7 So. 3d 775 (La. Ct. App. 2009). “" LSAR.S. 9:3149. There is no evidence that the damage award exceeds the reasonable cost of repair to the Hutchersons' home.”
Graf v. Jim Walter Homes, Inc., 713 So. 2d 682 (La. Ct. App. 1998). “[10] LSA-R.S. 9:3149 A provides: If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs,…”
Thibodaux v. Arthur Rutenberg Homes, Inc., 928 So. 2d 80 (La. Ct. App. 2005). “" LSA-R.S. 9:3149 A. However, the damages for all defects "shall not exceed the original purchase price of the home.”
Allstate Enter., Inc. v. Brown, 907 So. 2d 904 (La. Ct. App. 2005). “R.S. 9:3149. Allstate contends *911 that its role as a contractor for only a portion of the total construction of the home does not make it a "builder" under the act.”
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “If a builder breaches the NHWA's warranties, the owner can recover any non-excluded "actual damages, including attorney fees and court costs," but "damages with respect to all defects in the home shall not exceed the original purchase price of the home.”
Thorn v. Caskey, 745 So. 2d 653 (La. Ct. App. 1999). “R.S. 9:3149(A) provides: If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out…”
Melancon v. Sunshine Const., Inc., 712 So. 2d 1011 (La. Ct. App. 1998). “LSA-R.S. 9:3149. Rescission of the sale, one of the remedies sought by plaintiffs, is not available under the NHWA.”
Hendrick v. Patterson, 109 So. 3d 475 (La. Ct. App. 2013). “R.S. 9:3149(A) provides: If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out…”
Prestridge v. Elliott, 847 So. 2d 789 (La. Ct. App. 2003). “The NHWA provides that an owner has a cause of action against the builder "for actual damages, including attorney fees and court costs, arising out of the violation.”
Won Suk Lee v. Holyfield Constr., Inc., 93 So. 3d 868 (La. Ct. App. 2012). “If a builder violates the NHWA by failing to perform as required by the warranties of the Act, any affected owner shall have a cause of action | ¡¡against the builder for actual damages, including attorney fees and costs, arising out of the violation.”
Ledbetter v. Homes by Paige, L.L.C., 110 So. 3d 141 (La. Ct. App. 2012). “*147 Similarly, under LSA-R.S. 9:3149(A) of the NHWA, the measure is “reasonable cost of repair or replacement necessary to cure the defect,” which effectively applies the same standard for the measure of damages.”
— La. Rev. Stat. § 9:3149(A) — 6 cases
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007). “If a builder breaches the NHWA's warranties, the owner can recover any non-excluded "actual damages, including attorney fees and court costs," but "damages with respect to all defects in the home shall not exceed the original purchase price of the home.”
Thorn v. Caskey, 745 So. 2d 653 (La. Ct. App. 1999). “R.S. 9:3149(A) provides: If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out…”
Hendrick v. Patterson, 109 So. 3d 475 (La. Ct. App. 2013). “R.S. 9:3149(A) provides: If a builder violates this Chapter by failing to perform as required by the warranties provided in this Chapter, any affected owner shall have a cause of action against the builder for actual damages, including attorney fees and court costs, arising out…”
Ledbetter v. Homes by Paige, L.L.C., 110 So. 3d 141 (La. Ct. App. 2012). “*147 Similarly, under LSA-R.S. 9:3149(A) of the NHWA, the measure is “reasonable cost of repair or replacement necessary to cure the defect,” which effectively applies the same standard for the measure of damages.”
Ogea v. Merritt, 109 So. 3d 516 (La. Ct. App. 2013).
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