AMY L. BETANCOURT
MARCUS TRAHAN D/B/A REDMARQUE CONSTRUCTION, LLC
FROM THE LAKE CHARLES CITY COURT PARISH OF CALCASIEU, NO.
11-3427 HONORABLE JOHN S. HOOD, CITY COURT JUDGE
Seneca Van C. Seneca, L.L.C. Counsel for Defendant/Appellee:
Marcus Trahan d/b/a Redmarque Construction, LLC
J. Koenig Raggio, Cappel, Chozen & Berniard Counsel for
Plaintiff/Appellant: Amy L. Betancourt
composed of Ulysses Gene Thibodeaux, Chief Judge, John D.
Saunders, and Phyllis M. Keaty, Judges.
PHYLLIS M. KEATY JUDGE
Amy Betancourt, appeals from a judgment granting
Defendant's, Marcus Trahan d/b/a Redmarque Construction,
LLC's, Exception of No Cause of Action and Peremption.
For the following reasons, we amend the trial court judgment
and affirm as amended.
AND PROCEDURAL HISTORY
purchased a newly constructed home in Lake Charles,
Louisiana, from Defendant on January 3, 2011. She filed a
Petition for Damages (original petition) against Defendant in
late 2011 under the Louisiana New Home Warranty Act
(NHWA) alleging defects regarding the kitchen
countertop. In her original petition, Plaintiff
alleged that there was "a circular stain on the granite
counter top located near the sink that extended down 3-4
tiles," that she had pointed out "various
defects" to Defendant prior to her purchase of the home,
and that Defendant had assured her that "all defects
would be corrected" in a few weeks. She further claimed
that Defendant's tile installer replaced the defective
tiles with tiles that did not match the existing tile.
Plaintiff alleged that she expressed to Defendant her
dissatisfaction with the repair done by his subcontractor,
after which she asked that the countertop be "completely
replaced so as to match throughout." Plaintiff
additionally alleged that the countertop was not adequately
supported, resulting in its being uneven and causing cracks
to form in the wall grouting. She claimed that she had made
amicable demand upon Defendant to repair the defective work
to no avail, and she sought judgment in her favor for damages
to correct the defects.
First Supplemental and Amended Petition (supplemental
petition) filed in September 2015, Plaintiff sought to add a
paragraph thirteen to her original petition, wherein she
moving into the home, [she] discovered the following
deficiencies in the construction:
a) failure of the sealant and stain on the homes'
concrete floors due to improper materials for the
b) staining on the bathroom ceiling as a result of water
c) improper repair of the water leak and stains;
d) failure to properly support the kitchen countertop;
e) mismatched tiles on the kitchen counter;
f) cracks in sheetrock due to defendant's failure to
properly tape ...