Under Louisiana Civil Code Article 2762, what is the prescriptive period for construction defect claims on immovable property?
Correct Answer
C) 10 years from completion
Louisiana Civil Code Article 2762 establishes a 10-year prescriptive period for construction defect claims on immovable property from the time of completion.
Why This Is the Correct Answer
Louisiana Civil Code Article 2762 (the 'builder's warranty' provision) establishes a 10-year prescriptive period for construction defect claims on immovable property, measured from the date of completion. This is a firm prescription period — not a statute of repose tied to discovery — and is one of the most tested provisions in Louisiana contractor licensing.
Why the Other Options Are Wrong
Option A: 15 years from completion
15 years is not the prescriptive period under Article 2762. Louisiana does not use a 15-year period for standard construction defect claims on immovable property.
Option B: 20 years from completion
20 years is the general acquisitive prescription period for immovable property ownership (adverse possession) under Louisiana law — not applicable to construction defect claims. Confusing these two 'long' prescription periods is a common error.
Option D: 5 years from discovery
Louisiana's Article 2762 uses a fixed 10-year period from completion, not a discovery-based trigger. A '5 years from discovery' formulation applies to some other tort claims under Louisiana law but not to this immovable property construction defect prescription.
Memory Technique
Louisiana Article 2762 = '10 years from completion.' Think of it as the 'decade of defect protection.' The clock starts when the building is done, not when the problem is found.
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