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THIBODAUX v. ARTHUR RUTENBERG HOMES, INC.

No. 2004 CA 1500.

928 So.2d 80 (2005)

Jeff L. THIBODAUX & Kathleen Hartman Thibodaux v. ARTHUR RUTENBERG HOMES, INC. Southmark Construction Co., L.L.C., ABC Insurance and DEF Insurance Company.

Court of Appeal of Louisiana, First Circuit.

December 22, 2005.

Attorney(s) appearing for the Case

Adam McNeil, Eric J. Simonson, Margaret Diamond, New Orleans, Michael H. Rubin, Baton Rouge, Lewis J. Conwell, Marjorie Breaux, Tampa, FL, Counsel for Plaintiff/Appellee Arthur Rutenberg Homes, Inc. (as assignee of the claims of Jeff & Kathy Thibodaux).

James T. Rivera, Lafayette, Counsel for Defendant/Appellant Maryland Casualty Co.

Before: GUIDRY, GAIDRY, and McCLENDON, JJ.

McCLENDON, J.

The threshold issues in this suit for damages are whether the New Home Warranty Act, LSA-R.S. 9:3141, et seq. (HWA), prohibits a builder from contractually assuming enforceable warranties and obligations beyond those offered in the HWA, and whether the builder in this case clearly agreed to such greater warranties and obligations. Finding the exclusive remedy in this case to be the HWA, we reverse, in part....

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