HLS 22RS-1008 ORIGINAL
2022 Regular Session
HOUSE BILL NO. 703
BY REPRESENTATIVE GREGORY MILLER
CONTRACTS: Provides relative to repair contracts following a natural disaster
1 AN ACT
2To enact R.S. 9:2784.1, relative to repair contracts following a natural disaster; to provide
3 for venue for disputes arising from the contract; to provide for nullification of certain
4 terms; to provide for rescission of the contract; to provide for notice; and to provide
5 for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 9:2784.1 is hereby enacted to read as follows:
8 ยง2784.1. Repair contracts entered into during a state of emergency; venue;
9 rescission
10 A.(1) The exclusive venue for any proceeding involving a dispute over a
11 contract for repairs to residential property that was entered into while the property
12 was under a federally declared state of emergency following a natural disaster shall
13 be the parish where the residence is located. If the property is situated in more than
14 one parish, the action may be brought in any parish where the property is situated.
15 (2) Notwithstanding any provision of the law to the contrary, any provision,
16 clause, covenant, or agreement contained in, collateral to, or affecting a contract or
17 subcontract for repairs on residential property entered into while the property was
18 under a federally declared state of emergency following a natural disaster which
19 purports to require any proceeding involving a dispute over repairs to be brought in
20 a forum or jurisdiction other than a parish provided in Paragraph (1) of this
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1008 ORIGINAL
HB NO. 703
1 Subsection is contrary to the public policy of this state and is null, void, and
2 unenforceable.
3 B.(1) The owner of residential property who enters into a contract or
4 subcontract for repairs on residential property entered into while the property is
5 under a state of emergency may cancel the contract or subcontract within ten days
6 of entering into the contract or subcontract.
7 (2) If a homeowner elects to cancel a contract or subcontract pursuant to this
8 Subsection, he may do so by hand-delivering notice thereof to the contractor or by
9 mailing notice by United States mail to the contractor at his last known address, or
10 to his agent for service of process.
11 (3) Cancellation made pursuant to this Subsection shall be without penalty
12 and all payments made by the homeowner before cancellation shall be refunded
13 promptly.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 703 Original 2022 Regular Session Gregory Miller
Abstract: Provides for the exclusive venue for disputes regarding contracts for repairs to
residential property entered into while the property was under a federally declared
state of emergency following a natural disaster, nullifies any contrary venue
provisions, and permits rescission of such contracts within 10 days of entering the
contract.
Proposed law provides the exclusive venue for any proceeding involving a dispute over a
contract for repairs to residential property that was entered into while the property was under
a federally declared state of emergency following a natural disaster shall be the parish where
the residence is located. If the property is situated in more than one parish, the action may
be brought in any parish where the property is situated.
Proposed law further provides that any provision, clause, covenant, or agreement contained
in, collateral to, or affecting a contract or subcontract for repairs on residential property
entered into while the property was under a federally declared state of emergency following
a natural disaster which purports to require any proceeding involving a dispute over repairs
to be brought in a forum or jurisdiction other than the parish provided in proposed law is
contrary to the public policy of this state and is null, void, and unenforceable.
Proposed law provides that the owner of residential property who enters into a contract or
subcontract for repairs on residential property entered into while the property is under a state
of emergency may cancel the contract or subcontract within 10 days of entering into the
contract or subcontract.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 22RS-1008 ORIGINAL
HB NO. 703
Proposed law further provides that if a homeowner elects to cancel a contract or subcontract,
he may do so by hand-delivering notice thereof to the contractor or by mailing notice by U.S.
mail to the contractor at his last known address, or to his agent for service of process.
Proposed law provides that cancellation made pursuant to proposed law shall be without
penalty and all payments made by the homeowner before cancellation shall be refunded
promptly.
(Adds R.S. 9:2784.1)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.