Legal Question in Civil Litigation in Louisiana

homeowner's rights

We had plans drawn by an architect for a new house and then hired a builder who accepts the plans and the job to build our house. We found out and collected evidence showing that he deviated away from the details of the plans and substituted materials he was suppose to use for other cheaper materials and he made some mistakes in the building of the house.

Would this be considered a breach of contract on his part? Could we take him to court on these grounds?

Now, if the builder accepts the plans which were drawn by an architect, does that make us, the builder or the architect liable for any defect in the plans?

Also, if we take the builder to court, do we have to provide all evidence we have to the builder and his attorney or would the judge allow evidence without the other side reviewing it first? I do not know the rules for admitting evidence.

Please help me, I can't seem to get straight answers from anyone.

Thank You!


Asked on 10/05/00, 2:51 pm

1 Answer from Attorneys
Michael Tobin Michael M. Tobin, P.A.

Re: homeowner's rights

Your question is much too complex to provide a proper answer without reading the contracts with the architect and builder. Also it is confusing whether you are in Florida or Lousiana. I can tell you that the rules of evidence do not permit any evidence being introduced without giving a copy to the opponent. Why do you suggest hiding matters? When was the building completed? Did you withhol final payment to check out the builders compliance with the drawings and specifications? Was the architect paid to supervise construction? Were any changes approved by you? Are the substitute materials equivalents? Didn't you have an attorney review the contracts and advise you before construction of your home? You should plan to seek consultation with an attorney in your area promptly as many issues are time sensitive and your acceptance of the job paying the price and moving into the home without formal objections may waive your rights.

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Answered on 11/03/00, 6:13 am


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