In Louisiana, what is the statute of limitations for filing a lawsuit based on construction defects in residential buildings?
Correct Answer
D) 5 years from completion
Louisiana Civil Code provides a 5-year statute of limitations for construction defect claims in residential buildings, running from completion of the work.
Why This Is the Correct Answer
Louisiana Civil Code provides a 5-year peremptive period for claims arising from construction defects in residential buildings, running from the date of completion of the work. This is separate from the 10-year period for immovable property under Article 2324.
Why the Other Options Are Wrong
Option A: 2 years from completion
2 years is not the correct limitations period for construction defects in Louisiana. This timeframe applies to personal injury or other tort claims, not residential construction defect claims.
Option B: 10 years from completion
10 years applies under Louisiana Civil Code Article 2324 to actions against contractors for defects in immovable property (commercial/structural), not specifically to residential building defect claims.
Option C: 1 year from discovery
1 year from discovery is a common discovery rule used in many states and tort contexts, but Louisiana's residential construction defect period runs from completion, not from when defects are found.
Memory Technique
Remember: '5 for a house, 10 for the land.' Residential construction defects = 5 years; structural/immovable property defects under Article 2324 = 10 years. A house sits on land, but the two rules are different.
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