Legal Question in Construction Law in Louisiana

Re: Fraudulent contractor

You can still bring this claim against the fraudulent contractor. In Louisiana, a claim for breach of contract must be brought within 10 years - so, as you can see, you have plenty of time to bring this portion of your claim.

Do, however, keep in mind two things: (1) The longer you wait, the more difficult your case; and (2) there may be more specific components of your claim with different applicable prescription periods / statute of limitations.

First, the longer you wait, the more difficult it will be to prove your case. The evidence will not be preserved quite as much, the stories will get hazy, etc. It's best to get the matter started straight-away, and thereby preserving your evidence and case, and avoiding any unnecessary dances with the statute of limitations.

Second, while you can bring a contract claim for up to 10 years, you may have other claims against the contractor which may expire sooner. For example, you probably have a claim against him for breach of a construction warranty (statute of limitations from 1 - 5 years), or for unfair trade practices (1 year).

It is best to consult an attorney about your claim and to file your claim against this roofer as soon as possible.

You may hold the contractor liable for a number of these expenses that you name. First, you can request that he reimburse you for the money you paid him. Second, you can request that he compensate you for all the damages caused by his work and faulty craftsmanship. Third, you can request that he compensate you for the cost of fixing his bad work.

Remember that while you can charge him as stated above, you also have a duty to mitigate your damages. In other words, if you had the chance to prevent any damages, the court will expect that you prevented those damages rather than let them run their course - and it would be difficult to hold the contractor liable for these preventable damages.

Good luck.