Brad Pitt speaking at a press conference about his plans to spend $12 million with his “Make It Right Project” to build 150 ecologically sustainable homes in New Orleans.
Houses in the Lower Ninth Ward built by the Make It Right Foundation
Rotting homes built by the Make It Right Foundation
Defective construction is any flaw in the design, materials or workmanship of a building that makes it fail to meet building codes, the contract, or reasonable industry standards. In Louisiana, a defect can be legally actionable even if it is not visible yet, as long as it causes or will cause physical damage.
Defects generally fall into four groups:
South Louisiana’s heat, humidity, heavy rain, soft soils and hurricanes expose poor construction faster than almost anywhere in the country. The most common defects we see in Metairie, Kenner, Harvey, Marrero, Gretna and the rest of the parish include:
The Louisiana New Home Warranty Act (NHWA), La. R.S. 9:3141–9:3150, requires builders of new homes to warrant their work for set periods. Builders cannot waive these warranties. The warranty starts on the date legal title passes to the first buyer or the date the home is first occupied, whichever comes first.
| Warranty period | What is covered | Statute |
|---|---|---|
| 1 year | Defects in materials and workmanship; failure to meet building standards | La. R.S. 9:3144(A)(1) |
| 2 years | Plumbing, electrical, heating, cooling and ventilation systems (not appliances or fixtures) | La. R.S. 9:3144(A)(2) |
| 5 years | Major structural defects: actual damage to load-bearing parts (foundation, beams, columns, walls, floor or roof systems) that makes the home unsafe, unsanitary or unlivable | La. R.S. 9:3144(A)(3); 9:3143 |
The NHWA also applies to additions and to homes built on land the owner already owned. Louisiana courts have held that damage to load-bearing studs caused by improperly installed house wrap can qualify as a major structural defect, even though the house wrap itself is not load-bearing (Shaw v. Acadian Builders and Contractors, LLC).
The NHWA excludes several items, including:
An exclusion under the NHWA does not always end your case. Depending on the facts, other claims may apply, such as fraud, redhibition or claims against parties other than the builder.
Under La. R.S. 9:3145, you must give your builder written notice of the defect by registered or certified mail within one year after you discover it. You must then give the builder a reasonable chance to repair it. Missing this step can cost you the entire claim.
The notice should describe each defect, include photos, and be kept with the mail receipt. Our attorneys can prepare and send this notice for you so it meets the statute.
Louisiana uses peremptive deadlines for many construction claims. A peremptive period cannot be paused or extended; once it runs out, the right to sue is gone.
| Claim | Deadline | Source |
|---|---|---|
| Notice to builder (NHWA) | Within 1 year of discovering the defect | La. R.S. 9:3145 |
| Lawsuit under the NHWA | Within 30 days after the applicable 1-, 2- or 5-year warranty period ends | La. R.S. 9:3146 |
| Claims against contractors, architects and engineers | 5 years from acceptance of the work or occupancy (fraud exception applies) | La. R.S. 9:2772 |
| Redhibition against a good-faith seller | 4 years from delivery or 1 year from discovery, whichever comes first | La. C.C. art. 2534 |
| Redhibition against a seller who knew of the defect | 1 year from discovery | La. C.C. art. 2534 |
These deadlines depend on the facts of each case. Speak with a lawyer as soon as you notice a problem.
More than one party is often responsible. Depending on your case, liability may fall on:
The NHWA protects buyers of new homes. If you bought an existing home and found a hidden defect the seller did not disclose, you may have a redhibition claim under Louisiana Civil Code article 2520. Redhibition can allow you to cancel the sale or get a reduction in price. A seller who knew about the defect and hid it may also owe damages and attorney fees. “As is” clauses do not always block these claims.
Depending on the law that applies, you may be able to recover:
Under the NHWA, total damages are capped at the original purchase price of the home.
If a defect caused an injury, such as a fall, electrical fire or gas leak, you may also have a [personal injury claim].
Ron Austin Law led the class action on behalf of Lower Ninth Ward homeowners against the Make It Right Foundation, which resulted in a $20.5 million settlement.
The Make It Right Foundation was created in 2005 by actor Brad Pitt after Hurricane Katrina to build 150 affordable, ecologically sustainable homes in the Lower Ninth Ward. Only 109 homes were completed. About a decade later, homeowners reported serious problems. The class action alleged the homes had mold, plumbing issues, rotting wood, poor air ventilation, gas leaks and electrical fires. After 2014, more than two dozen of the homes showed severe rot, and a federal lawsuit alleged that defective materials and design flaws were not disclosed.
As Ron Austin said at the time: “While the citizens of the 9th Ward are grateful to Brad Pitt, they are forced to file this lawsuit because the Make It Right Foundation built substandard homes that are deteriorating at a rapid pace.”
This case shows that we are willing to take on large, well-funded builders and organizations. See more of our [case results].
We help property owners throughout Jefferson Parish, including Metairie, Kenner, Harvey, Marrero, Gretna, Westwego, Terrytown, River Ridge, Harahan, Jefferson, Avondale, Waggaman, Lafitte and Grand Isle, as well as New Orleans and nearby parishes.
It depends on the claim. Under the New Home Warranty Act, you must send written notice within one year of discovering the defect and file suit within 30 days after the 1-, 2- or 5-year warranty ends. Claims against contractors and designers are generally barred five years after acceptance or occupancy under La. R.S. 9:2772.
The Louisiana New Home Warranty Act (La. R.S. 9:3141–9:3150) is a state law that requires builders of new homes to warrant their work: one year for materials and workmanship, two years for plumbing, electrical and HVAC systems, and five years for major structural defects. Builders cannot waive it.
A major structural defect is actual physical damage to a load-bearing part of the home, such as the foundation, beams, columns, walls, or floor or roof system, that makes the home unsafe, unsanitary or unlivable. It is covered for five years under the New Home Warranty Act.
Yes, in most new-home cases. Louisiana law requires you to send the builder written notice by certified or registered mail and give the builder a reasonable opportunity to fix the defect. If the builder refuses or the repairs fail, you can file suit and may recover attorney fees.
Yes. You can sue a contractor for work that violates the contract, building codes or accepted industry standards. Cases are usually filed in the 24th Judicial District Court in Gretna. Deadlines are short, so talk to a defective construction lawyer as soon as you notice a problem.
Liability can fall on the builder, general contractor, subcontractors, architects, engineers, material suppliers or developers. If you bought an existing home, the seller may be liable for hidden defects under redhibition law. A lawyer can identify every responsible party and their insurers.
No. The New Home Warranty Act specifically excludes mold and mold damage. However, if mold resulted from a covered defect such as water intrusion, the underlying defect and the physical damage it caused may still be covered, and other legal claims may apply.
You may have a redhibition claim under Louisiana Civil Code article 2520. Redhibition allows a buyer to cancel the sale or get a price reduction when a hidden defect existed at the time of sale. A seller who knew and hid the defect may also owe damages and attorney fees.
You may recover the reasonable cost to repair or replace defective work, related property damage, temporary housing costs, lost property value, and attorney fees and court costs. Under the New Home Warranty Act, total damages cannot exceed the home’s original purchase price.
Ron Austin Law offers free consultations for defective construction cases. The New Home Warranty Act and redhibition law can also let homeowners recover attorney fees from the builder or seller. We explain fees and costs before you decide to move forward.
Yes. When many homes in the same development share the same defect, homeowners may be able to file a class action or mass action. Ron Austin Law led the Make It Right class action for Lower Ninth Ward homeowners, which resulted in a $20.5 million settlement.
Photograph the defect, save your contract and warranty papers, and send written notice to your builder by certified mail within one year of discovery. Do not sign any release or accept partial repairs before a lawyer reviews your situation.
The Make It Right Foundation was created in 2005 by Golden Globe actor Brad Pitt. The foundation was founded after Hurricane Katrina with a promise to the victims to rebuild the homes that were destroyed in the Lower Ninth Ward. A lot of the homes in the Lower Ninth Ward were completely submerged underwater which left so many homeless. The foundation had promised to build 150 new homes, however, only 109 homes were built. On top of not meeting their quota, 10 years later the construction of the houses is falling apart and has been deemed as defective and poorly built. Two residents have filed class action lawsuits alleging that the houses are filled with mold, plumbing issues, rotting wood, poor air ventilation, gas leaks, and electrical fires. An attorney for the group of homeowners, Ron Austin, told NOLA.com, “While the citizens of the 9th Ward are grateful to Brad Pitt, they are forced to file this lawsuit because the Make it Right Foundation built substandard homes that are deteriorating at a rapid pace while the homeowners are stuck with mortgages on properties that have diminished values.”
Let our team assist you with your personal injury claim
Brad Pitt’s post-Katrina housing project built 109 homes that residents claim to be rotting, collapsing, and caving in. A federal lawsuit alleges that both Pitt and Make It Right failed to alert homeowners about the defective materials and design of the homes. If you live in one of the Make It Right homes and your house is also falling apart, please call Ron Austin Law firm for a free case evaluation. Our firm has been working diligently and very close with this case and has an experienced team of attorneys that are destined to give you the results you need to be properly compensated for your property damage.
Our office is conveniently located on Manhattan Blvd in Harvey, Louisiana, making it easy to reach from anywhere in Jefferson Parish and the Westbank area. If you are traveling on US-90 BUS (Westbank Expressway), take the Manhattan Blvd exit and continue along Manhattan Blvd toward the main commercial area.
If you need assistance locating our office, you can also use the interactive map below for turn-by-turn directions.
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