§3150. Exclusiveness
This Chapter 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. Nothing herein shall be construed as affecting or limiting any warranty of title to land or improvements.
Acts 1986, No. 676, §1; Acts 2003, No. 333, §1.
Notes of Decisions
Cited in
40
cases (
3 in the last 5 years), 1988–2022 · leading case:
Carter v. Duhe, 921 So. 2d 963 (La. 2006).
Carter v. Duhe, 921 So. 2d 963 (La. 2006).
· cites it 4× “La.Rev.Stat. § 9:3150 is likewise mandatory and states the act "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…”
Stutts v. Melton, 130 So. 3d 808 (La. 2013).
· cites it 2× “R.S. 9:3150. *812 Based on this exclusivity provision, the Meltons argue, and the court of appeal agreed, that the Stutts can have no other cause of action against them arising from the defective roof other than under the NHWA.”
Barnett v. Watkins, 970 So. 2d 1028 (La. Ct. App. 2007).
· cites it 2× “R.S. 9:3150 (Emphasis supplied). [4] The NHWA's "minimum required warranties" are mandatory, and cannot be waived by the owner or reduced by the builder.”
Nolan v. Roofing Supply, Inc., 833 So. 2d 1026 (La. Ct. App. 2002).
· cites it 3× “R.S. 9:3150 demonstrates that the New Home Warranty Act from its inception was intended to apply to any defective work or material.”
Pumphrey v. Harris, 111 So. 3d 86 (La. Ct. App. 2012).
“R.S. 9:3150; Hutcherson v. Harvey Smith Const.”
Dalme v. Blockers Manufactured Homes, Inc., 779 So. 2d 1014 (La. Ct. App. 2001).
· cites it 2× “R.S. 9:3150 provides: This Chapter provides the exclusive remedies, warranties, and prescriptive 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.”
Cosman v. Cabrera, 28 So. 3d 1075 (La. Ct. App. 2009).
· cites it 2× “, pursuant to the New Home Warranty Act (NHWA) at LSA-R.S. 9:3141, et seq. We find no merit to this argument.”
Williams v. Wood, 258 So. 3d 834 (La. Ct. App. 2018).
“R.S. 9:3150. The NHWA provides the following express warranties: A.”
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