Under Louisiana Civil Code Article 2315, what is the prescriptive period for filing a lawsuit for construction defects?
Correct Answer
B) One year from discovery
Louisiana Civil Code Article 2315 establishes a one-year prescriptive period from discovery of construction defects for filing tort claims.
Why This Is the Correct Answer
Louisiana Civil Code Article 2315 governs delictual (tort) actions, including those for construction defects causing damage. The prescriptive period — equivalent to a statute of limitations — is one year from the date the defect is discovered. This relatively short window reflects Louisiana's civil law tradition of prompt assertion of claims.
Why the Other Options Are Wrong
Option A: Five years from discovery
Five years from discovery does not correspond to the Article 2315 prescriptive period for tort claims. A 10-year peremptive period exists for redhibition and certain warranty claims under separate articles, but not under Article 2315.
Option C: Three years from discovery
Three years is not established by Article 2315 for construction defect tort claims. This figure may arise from confusion with other civil law prescriptive periods in different contexts.
Option D: Two years from discovery
Two years is not the prescriptive period under Article 2315. Some federal causes of action or other state torts use two-year periods, but Louisiana's Article 2315 specifically uses one year.
Memory Technique
Article 2315 = '1 year.' Think: '2-3-1-5 → the last digit before 5 is... just 1 year to file.' Or associate 'Article 2315' with 'Act fast — only 1 year.'
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