Can the workmanship warranty period be shortened by contract in LA?
1 reply
Mar 10, 2020
Louisana tends to very strongly defend the right to contract - so parties entering into a contract are given a lot of leeway about what they can agree to. Of course, implied warranties carry a lot of weight, too. But, when certain code provisions can't be waived by contract, those provisions will often explicitly say so. La. R.S. 9:2771, which creates a contractor's implied warranty of workmanship, doesn't state it can't be waived.
Looking to this resource from Baldwin, Haspel, Burke, & Mayer - it appears that the implied warranty regarding workmanship might be waived if the waiver is explicit, obvious, and made in plain language. But, for the most clarity, it'd probably be worth discussing the matter with your Louisiana construction attorney - they'll be able to take a deeper dive and review the proposed waiver language and then advise on the situation.