According to Louisiana Civil Code Article 2762, what is the prescription period for actions against contractors for defects in construction?
Correct Answer
C) 10 years from completion
Louisiana Civil Code Article 2762 establishes a 10-year prescription period for actions against contractors for defects in construction work.
Why This Is the Correct Answer
Louisiana Civil Code Article 2762 establishes a 10-year prescriptive period (sometimes called the 'decennial liability' rule) for actions against contractors (and architects) for defects in immovable property (real estate). This period runs from the date of substantial completion of the work. This is one of the longest construction liability windows in the U.S. and is a distinctive feature of Louisiana's French-derived civil law system. The rule is strict — it applies regardless of whether the owner discovered the defect, and it covers total ruin or major defects threatening the stability or integrity of the structure.
Why the Other Options Are Wrong
Option A: 5 years from completion
5 years from completion is not the Louisiana prescription period under Article 2762. It might be confused with shorter limitation periods in other states or with different types of claims (e.g., contract claims), but it is not the correct period for construction defect liability under the Louisiana Civil Code.
Option B: 1 year from discovery of defect
1 year from discovery of defect describes a discovery-based 'occurrence rule' found in some states' tort law frameworks. Louisiana's Article 2762 prescription runs from completion, not from discovery of the defect. This makes it an absolute period — once 10 years passes from completion, the claim is barred regardless of when (or whether) the defect was discovered.
Option D: 15 years from completion
15 years from completion exceeds the Article 2762 period. There is no standard Louisiana construction defect liability period of 15 years. This option may be a distractor designed to test whether candidates know the exact period or simply guess 'a long time.'
Memory Technique
'Decennial' means 10-year. Article 2762 = Louisiana's Decennial Liability = 10 years from completion. Associate the number 2762 with '10': 2+7 = 9, 6+2 = 8 — or simply remember 'LA 2762 = Ten-Year Rule.' Louisiana's French civil law heritage means it uses special terms like 'prescription' (not 'statute of limitations') and 'decennial liability.'
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