2.2 Residential Roofing Contracts: Required Contents (R.S. 37:2159) & Property-Insurance Claim Rules (R.S. 37:2159.1)
Key Takeaways
R.S. 37:2159(A) requires the full agreement, the contractor's names, addresses, and license number, the work description, the price, every party's signature, and insurance certificates.
All parties get a copy at signing, and no work may begin before every party signs (R.S. 37:2159(B)); failing to have a signed, dated contract is a violation (R.S. 37:2158(A)(20)).
Contractors may not interpret insurance policy provisions, adjust claims as public adjusters, or advertise as insurance claims specialists (R.S. 37:2159.1).
A contractor must give an insured an itemized good-faith estimate before an agreement authorizing repairs under a property damage claim (R.S. 37:2159.1(3)).
Act 757 of 2026 adds taking an assignment of benefits to the prohibited insurance-claim practices, effective August 1, 2026.
Why Contract Rules Matter to Roofers
Most residential roofing disputes come down to paperwork: what was promised, what was paid, and what the insurer covered. Louisiana has written those expectations into the licensing law. A defective contract can make an otherwise good job a disciplinary matter. Insurance-claim marketing that is legal in some states is prohibited conduct here.
Contract Formation Basics (Louisiana Civil Code)
Louisiana contract law comes from the Civil Code. A valid contract needs:
- capacity of the parties;
- consent, through offer and acceptance;
- a lawful cause, meaning the reason for the obligation; and
- a lawful and determinable object.
A roofing contract is a contract to build: the contractor agrees to do work for a price. A contract whose object is fraudulent, such as inflating an insurance claim, is unenforceable.
What Every Licensed-Work Contract Must Contain: R.S. 37:2159
If the work requires a license or registration, and every residential roof job of $7,500 or more does, R.S. 37:2159(A) requires the contract to include:
| Required item | What it means for a roof job |
|---|---|
| (1) The complete agreement, with a clear description of any incorporated documents | Attach or reference the proposal, specifications, product sheets, and drawings |
| (2) The contractor's full names, addresses, and license number | Use the name exactly as licensed; R.S. 37:2158(A)(21) requires it |
| (3) A description of the work | Tear-off or overlay, decking replacement terms, underlayment, flashing, ventilation, shingle product |
| (4)(a) The total amount to be paid, or (b) an approximation of cost for cost-plus or time-and-materials work | State unit prices for extras such as decking replaced per sheet |
| (5) Signatures of all parties | Owner and contractor |
| (6) Current certificates of insurance for workers' compensation and liability coverage where insurance is required | Residential classifications require insurance; see Section 2.3 |
Also under R.S. 37:2159:
- (B) All parties receive a copy of the signed contract at signing. No work may begin before all parties sign.
- (C) A noncompliant contract is not invalid solely because it lacks a required item. The contractor still faces discipline: failing to have a written contract signed and dated by all parties is a violation under R.S. 37:2158(A)(20).
- (D) An unlicensed contractor who needed a license may not file a lien (Section 2.1).
Good Practice Beyond the Statute
These items are not statutory, but they prevent disputes:
- a schedule with weather and material-delay language;
- a payment schedule tied to milestones, such as a deposit, a materials payment, and final payment after the final inspection;
- change-order procedures, requiring written, signed changes before extra work;
- permit responsibility, stating who pulls the permit and schedules inspections (Section 1.2);
- warranty terms that separate the manufacturer's material warranty from your workmanship warranty; and
- cleanup and nail-sweep obligations.
Insurance-Claim Rules: R.S. 37:2159.1
Louisiana restricts what contractors may do around property-insurance claims. R.S. 37:2159.1 prohibits persons performing contracting services from:
- Interpreting insurance policy provisions on coverage or duties, or advertising or soliciting that service.
- Adjusting a property insurance claim as a public adjuster (as defined in R.S. 22:1692), or advertising or soliciting that service.
- Giving an insured an agreement authorizing repairs without a good-faith estimate of itemized, detailed costs of services and materials for a property-damage claim. It is not a violation if the insurer's adjustment later changes the actual cost.
- Sharing in an attorney's legal fee.
- Requiring an insured to sign an attorney representation agreement.
- Accepting a fee or referral payment for sending someone to an attorney or law firm.
- Advertising or soliciting as "insurance claims specialists."
- Advertising or soliciting any insurance claim or policy-interpretation service to an insured.
For items 1 through 3, the contractor is responsible for anyone working on its behalf, including paid employees and compensated non-employees such as commissioned door-knockers.
Act 144 of 2025 tightened these rules and bars public adjusters from also performing construction, roofing, or repair work on claims they handle. Act 757 of 2026 (effective August 1, 2026) adds taking an assignment of benefits to the prohibited practices. It also requires the good-faith itemized estimate before any agreement to perform remediation under a claim.
What You May Still Do
The law targets claim handling and policy interpretation, not honest documentation. A roofer may:
- inspect and photograph damage and report what was observed;
- prepare an itemized repair estimate of materials and labor;
- meet the insurer's adjuster on site and point out the physical damage and needed repairs;
- explain building-code requirements that affect the repair, such as drip edge, underlayment, or high-wind provisions.
A roofer may not tell the homeowner what the policy covers, negotiate the settlement amount, or market itself as the person who "handles your claim."
Deductibles and Rebates
The Louisiana Department of Insurance warns homeowners that it is against the law for home-improvement contractors or roofers to reduce or waive the insurance deductible. That includes "advertising credits," gift cards, or inflated invoices that hide an absorbed deductible. Billing an insurer for work not done, or for a price the homeowner is not really paying, can also expose the contractor to insurance-fraud charges. The safe rule: the homeowner pays the deductible, and your invoice shows the real price.
Superseded rule. Older study materials describe a notice letting homeowners cancel a roofing contract within 72 hours after an insurer denies a claim. That provision was in former R.S. 37:2175.1, which Act 195 of 2022 repealed. The current written-contract statute, R.S. 37:2159, does not contain it. Confirm any cancellation duty that applies to your contracts before relying on older forms.
Price Gouging After a Declared Emergency
During a declared state of emergency, Louisiana's price-gouging law (La. R.S. 29:732) prohibits charging prices above the pre-emergency prevailing price, unless the increase reflects the seller's actual added costs. Keep supplier invoices that show cost increases for tarps, plywood, and shingles after a storm.
Which item is required in a Louisiana residential roofing contract under R.S. 37:2159(A)?
A statement of the homeowner's insurance policy limits.
The contractor's full names, addresses, and license number, plus current workers' compensation and liability insurance certificates.
A clause assigning the homeowner's insurance benefits to the contractor.
A notarized affidavit from the shingle manufacturer.
During an adjuster's inspection, a roofer who is not a licensed public adjuster is asked by the homeowner to explain whether the policy's cosmetic-damage exclusion applies and to negotiate a higher payout. What does R.S. 37:2159.1 allow?
The roofer may point out the physical damage and give an itemized repair estimate, but may not interpret policy provisions or adjust the claim.
The roofer may negotiate the payout if the homeowner signs a written consent.
The roofer may interpret the exclusion as long as no fee is charged for the advice.
The roofer may act as the homeowner's public adjuster on this claim if it also does the roofing.
A roofing company's door hangers read: "Hail damage? Our Insurance Claims Specialists handle everything with your insurer." How does Louisiana law treat this advertising?
It is allowed because door hangers are not considered advertising.
It is allowed if the company also holds a Residential Roofing classification.
It is prohibited: contractors may not advertise or solicit as insurance claims specialists or offer claim-handling services (R.S. 37:2159.1(7)–(8)).
It is allowed as long as the homeowner pays the deductible.
Sections you finish are checked off in the contents.