In Louisiana, which type of construction contract must be in writing to be enforceable?
Correct Answer
A) Contracts for immovable property improvements
Louisiana Civil Code requires contracts for improvements to immovable property (real estate) to be in writing regardless of amount.
Why This Is the Correct Answer
Option A is correct. Under Louisiana Civil Code Article 1839, contracts for the transfer of immovable property or improvements to immovable property must be in writing to be enforceable. Immovable property is the Louisiana Civil Law term for real estate. This requirement applies regardless of the contract amount — there is no dollar threshold.
Why the Other Options Are Wrong
Option B: All contracts over $5,000
Option B (all contracts over $5,000) incorrectly introduces a dollar threshold. Louisiana law does not require construction contracts to be in writing based on a dollar amount. The writing requirement for immovable property improvements is not tied to the contract value.
Option C: All contracts over $500
Option C (all contracts over $500) similarly imposes a false monetary threshold. No such $500 trigger exists in Louisiana law for construction contracts. The requirement is based on the nature of the work (immovable property improvements), not the price.
Option D: Only contracts over $50,000
Option D (only contracts over $50,000) is also a fictitious threshold. There is no $50,000 floor in Louisiana law for written contract requirements in construction. Any improvement to immovable property must be documented in writing, regardless of size.
Memory Technique
In Louisiana, 'immovable = must be in writing, no matter what it's worth.' Think: the land doesn't move, and neither does the writing requirement — it's fixed regardless of price.
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