House Bill No. by Representative Farnum amends the Residential Truth in Construction Act, specifically R.S. 9:4851 through 4855, to enhance protections for homeowners engaging in residential home improvements. The bill expands the definition of residential home improvements to include double-family dwellings and introduces new requirements for contractors. Notably, it mandates that contractors provide homeowners with a written notice of lien rights, which now includes the owner's right to request information about individuals who have worked on the home and the amounts owed to them. Additionally, the bill allows homeowners to withhold payment to contractors until they receive the requested information.

The proposed legislation also modifies the existing provisions regarding claims and privileges. It eliminates the privilege of contractors who fail to deliver the required notice of lien rights, allowing homeowners to cancel improperly filed claims and seek statutory damages. Furthermore, if a claimant fails to provide timely statements of amounts owed, their claim may be extinguished to the extent of any damages suffered by the homeowner. The bill retains the ability for homeowners to recover damages and attorney fees from contractors who violate the act, while also making technical changes to improve clarity and enforceability.

Statutes affected:
HB140 Original: