A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Louisiana, construction defects are addressed under the Louisiana New Home Warranty Act (La. R.S. 9:3141 et seq.) for new residential construction, which provides specific warranties that builders are required to provide to homeowners. These warranties cover defects in workmanship and materials for varying periods, typically one year for workmanship and up to five years for major structural defects. For other types of construction or outside of the New Home Warranty Act, claims for construction defects may be pursued under general contract law, tort law, or the Louisiana Products Liability Act, depending on the nature of the defect and the relationship between the parties. The defect must generally be one that renders the building or structure unsuitable for its intended purpose or that causes it to be unsafe. Louisiana law also recognizes the 'redhibition' doctrine, which allows buyers to void a sale or reduce the purchase price if a defect in the thing sold renders it useless or so inconvenient that it must be presumed that a buyer would not have bought the thing had he known of the defect. The prescriptive period for filing a lawsuit for construction defects is generally one year from the date the defect was discovered or should have been discovered, but this can vary depending on the specific circumstances and legal theories involved.