House Bill No. [insert number] amends the Residential Truth in Construction Act, specifically R.S. 9:4851 through 4855, to enhance protections for homeowners regarding residential home improvements. The bill expands the definition of residential home improvements to include double-family dwellings and clarifies that the required notice of lien rights must be provided by contractors to homeowners. It introduces new provisions allowing homeowners to request information about individuals who have worked on their homes, including amounts owed to them, and permits homeowners to withhold payment to contractors until this information is provided.
Additionally, the bill modifies the consequences for contractors who fail to deliver the required notice of lien rights, eliminating their privilege to file claims for unpaid amounts. It also establishes that if a contractor improperly files a claim, the homeowner can cancel it and seek statutory damages. Furthermore, if a claimant fails to respond to a request for 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 making technical changes to the existing law.
Statutes affected: HB140 Original: