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Louisiana Revised Statutes Tit. 9, § 2784.1. Repair contracts entered into during a state of emergency; venue; rescission

Current as of January 01, 2023 | Updated by Findlaw Staff

A. Notwithstanding any provision of the law to the contrary, any provision, clause, covenant, or agreement contained in, collateral to, or affecting a disaster repair contract which purports to require any proceeding involving a dispute over the contract to be brought in a venue other than a venue provided by law is contrary to the public policy of this state and is null, void, and unenforceable.

B. (1) The owner of residential property who enters into a disaster repair contract may cancel the contract within ten days of entering into the contract.

(2) If a homeowner elects to cancel a contract pursuant to this Subsection, he may do so by hand-delivering notice thereof to the contractor or by mailing notice by United States mail to the contractor at his last known address, or to his agent for service of process.

(3) Cancellation made pursuant to this Subsection shall be without penalty and all payments made by the homeowner before cancellation shall be refunded promptly. This contractor shall be entitled to payment for the cost of work performed and materials ordered or delivered prior to cancellation, along with reasonable overhead.

C. (1) This Section shall not apply to material suppliers or materialmen for sales to the owner of the affected residential property or deliveries to the affected residential property of materials ordered by a contractor or subcontractor even if the repair contract is cancelled pursuant to Subsection B of this Section.

(2) This Section shall not affect proper venue for an action on an open account, promissory note, or contract for sales of materials by a material supplier or materialman to the owner of the residential property as provided in Code of Civil Procedure Articles 74.4 and 76.1.

D. Nothing in this Section shall affect the rights of any party provided in R.S. 9:2781 or 4801 et seq.

E. For purposes of this Section, “disaster repair contract” means a contract or subcontract entered into during the six-month period following the initial declaration of a gubernatorially declared disaster or emergency following a natural disaster for repairs to a residential property located in the emergency area and affected by the natural disaster.

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Cite this article: FindLaw.com - Louisiana Revised Statutes Tit. 9, § 2784.1. Repair contracts entered into during a state of emergency; venue; rescission - last updated January 01, 2023 | https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-2784-1/

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