EBINGER v. VENUS CONST. CORP.

No. 08-379.

995 So.2d 1224 (2008)

Charles EBINGER, et al. v. VENUS CONSTRUCTION CORPORATION.

Court of Appeal of Louisiana, Third Circuit.

October 1, 2008.


Attorney(s) appearing for the Case

Wayne M. Babovich, Kelly E. Balfour, Babovich & Spedale, PLC, New Orleans, LA, for Defendant/Appellee: Roy Carubba.

Thomas J. Eppling Lance Edward Harwell Staines & Eppling, Metairie, LA, for Defendant/Appellee: Post-Tension Slabs, Inc.

Thomas H. Morrow, William Lee Melancon, Melancon & Associates, Lafayette, LA, for Plaintiffs/Appellees: Charles Ebinger, Charlene Ebinger.

W. Evan Plauché, Justin E. Alsterberg, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Metairie, LA, for Defendant/Appellant: Venus Construction Company.

David C. Bach, Hailey, McNamara, Hall, Larmann & Papale, L.L.P., Baton Rouge, LA, for Defendant/Appellant: Venus Construction Company.

Glen E. Mercer, Kourtney Twenhafel French Salley, Hite & Mercer, New Orleans, LA, for Defendant/Appellee: Maryland Insurance Company.

Christopher John Couch, Attorney at Law, Metairie, LA, for Defendant/Appellee: Roy Carubba.

Leigh Haynie, Attorney at Law, Carencro, LA, for Plaintiff/Appellee: Charles Ebinger.

Court composed of OSWALD A. DECUIR, MICHAEL G. SULLIVAN, and BILLY HOWARD EZELL, Judges.


DECUIR, Judge.

In 2003, six years after the completion of the construction of their home, the homeowners, Charles and Charlene Ebinger, filed suit against the contractor, Venus Construction, under the New Home Warranty Act, La.R.S. 9:3141-3150. The Ebingers' petition alleged major structural defects in the home. Three years later, in 2006, Venus Construction filed third party demands against a subcontractor, Post-Tension...

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