A homeowner in Louisiana hires a contractor to build a deck. The contractor fails to obtain required permits and the work is found to be defective. Under Louisiana law, the homeowner's best legal remedy is likely:
Correct Answer
C) Both breach of contract and tort claims
Louisiana law allows homeowners to pursue both breach of contract claims and tort claims for negligent construction work, providing multiple avenues for recovery.
Why This Is the Correct Answer
Option C is correct. Louisiana law allows homeowners to pursue both breach of contract claims (the contractor failed to perform as agreed and failed to obtain permits) and tort claims (negligent construction). Pursuing both maximizes the homeowner's chances of full recovery and addresses different aspects of the contractor's wrongdoing.
Why the Other Options Are Wrong
Option A: Breach of contract only
Limiting the homeowner to breach of contract only unnecessarily restricts available remedies. Louisiana law permits concurrent tort and contract claims arising from the same facts, and the negligent workmanship also supports a tort claim.
Option B: Criminal prosecution
Criminal prosecution is not the homeowner's remedy — it is initiated by the state, not the injured party. While the contractor may face criminal charges for unlicensed work or code violations, the homeowner cannot personally pursue a criminal case for compensation.
Option D: Tort claim for negligence
A tort claim alone (negligence) is incomplete. The contract between the homeowner and contractor also provides a basis for breach of contract claims. Relying solely on tort would leave valuable contractual remedies on the table.
Memory Technique
Both barrels: contract + tort. Think 'defective work = two guns blazing — contract breach AND negligence.'
More Louisiana Questions
A contractor in Louisiana completes $85,000 worth of work on a residential project. The owner pays $70,000 but disputes the remaining $15,000. If the contractor files a lien claim, what percentage penalty can be awarded if the contractor prevails in court?
A contractor discovers contaminated soil during excavation that requires special disposal. The disposal cost is $12,000, and transportation is $3,500. If this was not foreseeable from the contract documents, who typically bears this cost under Louisiana law?
A construction worker is injured on a Louisiana job site. The contractor's workers' compensation carrier has 15 days to investigate. If they don't respond within this period, what happens to the claim?
Under Louisiana law, what is the minimum amount of workers' compensation insurance coverage required for construction contractors?
A contractor's employee is injured on a job site in Louisiana. The contractor has workers' compensation insurance. Which statement is correct regarding the employee's rights?
Under Louisiana Civil Code, if a building contract does not specify a completion date, when is the work considered to be due?
Under Louisiana building codes, what is the minimum width required for emergency egress windows in bedrooms?
A Class B contractor in Louisiana wants to bid on a project worth $175,000. What action must they take?
A contractor's worker is injured and files for workers' compensation. The injury occurred due to the worker's intoxication. Under Louisiana law, what is the likely outcome?
A general contractor discovers contaminated soil during excavation for a commercial project in Louisiana. Which state agency must be notified?
People Also Study
Business & Financial Management
120 questions · 70% to pass
Contract Administration
60 questions · 70% to pass
Project Management
60 questions · 70% to pass