A homeowner in Louisiana wants to sue a contractor for defective work completed 8 years ago. The defects were just discovered last month. Can the homeowner file suit?
Correct Answer
B) No, the 10-year prescriptive period has not expired
The homeowner can still file suit because Louisiana Civil Code Article 2324 allows up to 10 years from completion to bring action for construction defects, regardless of discovery date.
Why This Is the Correct Answer
Yes, the homeowner can still file suit. Louisiana Civil Code provides a 10-year prescriptive period for construction defects running from the date of completion (not discovery). Since only 8 years have passed since completion, the 10-year period has not yet expired, and the suit is still timely.
Why the Other Options Are Wrong
Option A: No, unless the contractor concealed the defects
The statement 'No, unless the contractor concealed the defects' is incorrect. Louisiana's 10-year prescriptive period does not require proof of concealment. The homeowner has the right to sue within 10 years of completion regardless of when defects become apparent or whether concealment occurred.
Option C: Yes, because defects were recently discovered
The statement 'Yes, because defects were recently discovered' misstates the legal basis. While technically correct that suit can be filed, the reason is NOT recent discovery — it is because the 10-year period from completion has not expired. Louisiana does not use a pure discovery rule for the prescriptive period; the clock starts at completion.
Option D: Yes, but only for safety-related defects
The limitation to 'safety-related defects only' is incorrect. Louisiana's 10-year prescriptive period applies broadly to construction defects, not only those involving safety. Any defective work discovered within 10 years of completion can be the basis of a claim.
Memory Technique
Louisiana = 10 Years from Completion (not discovery). Think: '10 years on the clock from the day work ends.' If 8 years have passed, you still have 2 years left — the suit is still timely.
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Previous Question
A Louisiana contractor completes a $45,000 residential addition project. The homeowner pays $38,000 but disputes the final $7,000, claiming defective work. Under Louisiana Civil Code, what is the contractor's best legal remedy?
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A contractor in Louisiana discovers contaminated soil during excavation. According to Louisiana environmental regulations, what is the first required action?