House Bill No. 194, introduced by Representative Riser and Senator Cathey, amends R.S. 9:5607(A) to clarify the peremptive periods for actions against certain professionals, including engineers, architects, and real estate developers. The bill establishes that no action for damages can be filed against these professionals unless it is done within five years from specific triggering events. These events include the date of registry in the mortgage office of the owner's acceptance of work, or if no acceptance is recorded, the date the owner occupies or takes possession of the improvement. Additionally, if the services provided were not preparatory to construction or if the service provider did not inspect the work, the action must be filed within five years from the completion of those services.
The proposed law modifies the existing framework by specifying that if the owner's acceptance of work is not recorded in a timely manner, the owner must bring any action within five years from the date they occupied or took possession of the improvement. This change aims to provide clarity and consistency in the timeline for filing claims against professionals in the construction and design fields while retaining the overall structure of the current law.
Statutes affected: HB194 Original: 9:5607(A)
HB194 Engrossed: 9:5607(A)