Under Louisiana Civil Code, a contractor builds a defective foundation that causes structural damage. The owner discovers the defect 8 years after completion. Can the owner still file a claim?
Correct Answer
D) Yes, within the 10-year prescription period
Louisiana Civil Code provides a 10-year prescriptive period for construction defects on immovable property, so the claim is still timely.
Why This Is the Correct Answer
Louisiana Civil Code Article 2762 and related provisions establish a 10-year prescriptive period (statute of limitations) for construction defects affecting immovable property (buildings and structures). Since the defect was discovered 8 years after completion, the owner is still within the 10-year window and may file a valid claim against the contractor.
Why the Other Options Are Wrong
Option A: No, claims must be filed within 6 years
There is no 6-year prescriptive period for construction defects on immovable property in Louisiana law. This option is a distractor that does not correspond to any provision in the Louisiana Civil Code.
Option B: Yes, but only for repair costs, not damages
Louisiana law does not limit recovery to repair costs only when a claim is filed within the prescriptive period. An owner may seek both repair costs and consequential damages resulting from the defect.
Option C: No, the 5-year prescription period has expired
There is no 5-year prescription period for structural construction defects in Louisiana. While a 5-year period applies in some other contexts under Louisiana law, the rule for structural defects on immovable property is 10 years.
Memory Technique
Louisiana = 10 years for construction defects. Remember: Louisiana is unique — it follows Civil Law (not Common Law), and its 10-year rule reflects that longer legal tradition. '10 years for immovable property' is the key rule.
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