Summary Judgment Affirmed in EIFS Case Due to Lack of Compliance with Louisiana's New Home Warranty Act

GRETNA, La. - In a case alleging that synthetic stucco (EIFS) caused moisture damage and mold growth, the Louisiana Court of Appeal affirmed summary judgment Jan. 15 on behalf of the defendants due to the plaintiffs' lack of compliance with the notice provision of the New Home Warranty Act (NHWA). David Stokes and Nancy Stokes v. Oster Development, Inc. and Zurich American Ins. Co., No. 01-CA-780 (La. Ct. App., 5th Cir.).

According to the opinion, although the plaintiffs sent a series of letters to the defendants documenting their concern with the use of EIFS, they did not insist that the …