Under Louisiana Civil Code, if a construction defect causes damage that becomes apparent 8 years after completion, can the owner still file suit?
Correct Answer
B) Yes, if suit is filed within 10 years of completion
Louisiana Civil Code provides a 10-year prescription period for construction-related claims, so suit can still be filed if within 10 years of completion regardless of when damage becomes apparent.
Why This Is the Correct Answer
Option B is correct. Louisiana Civil Code Article 3500 establishes a 10-year liberative prescription (statute of limitations) for claims arising from construction defects. The clock runs from project completion, not from the date the damage is discovered. Because 8 years have elapsed and the 10-year window has not yet closed, the owner may still file suit.
Why the Other Options Are Wrong
Option A: No, the 10-year prescription period has not expired but discovery rule doesn't apply
Option A mischaracterizes the rule by denying that the discovery rule applies while simultaneously acknowledging the 10-year period. The issue here is not the discovery rule — the suit is still timely because 8 years is within the 10-year prescription. The statement is internally contradictory and legally inaccurate.
Option C: Yes, but only for latent defects discovered within 1 year of discovery
Option C describes a '1-year from discovery' limitation that applies to certain tort claims, not to the 10-year construction prescription under the Louisiana Civil Code. Mixing these two doctrines creates a false requirement that latent defects be reported within one year of discovery — no such combined rule governs this scenario.
Option D: No, the 5-year warranty period has expired
Option D confuses a warranty period with the prescriptive period. While some warranties may expire in 5 years, the legal right to file suit for construction defects under the Civil Code survives for 10 years from completion. Warranty expiration does not extinguish the prescriptive right of action.
Memory Technique
Think '10 years, from the key turn.' Once the owner turns the key at completion, the 10-year countdown starts — not when cracks appear.
More Louisiana Questions
A contractor in Louisiana completes $85,000 worth of work on a residential project. The owner pays $70,000 but disputes the remaining $15,000. If the contractor files a lien claim, what percentage penalty can be awarded if the contractor prevails in court?
A contractor discovers contaminated soil during excavation that requires special disposal. The disposal cost is $12,000, and transportation is $3,500. If this was not foreseeable from the contract documents, who typically bears this cost under Louisiana law?
A construction worker is injured on a Louisiana job site. The contractor's workers' compensation carrier has 15 days to investigate. If they don't respond within this period, what happens to the claim?
Under Louisiana law, what is the minimum amount of workers' compensation insurance coverage required for construction contractors?
A contractor's employee is injured on a job site in Louisiana. The contractor has workers' compensation insurance. Which statement is correct regarding the employee's rights?
Under Louisiana Civil Code, if a building contract does not specify a completion date, when is the work considered to be due?
Under Louisiana building codes, what is the minimum width required for emergency egress windows in bedrooms?
A Class B contractor in Louisiana wants to bid on a project worth $175,000. What action must they take?
A contractor's worker is injured and files for workers' compensation. The injury occurred due to the worker's intoxication. Under Louisiana law, what is the likely outcome?
A general contractor discovers contaminated soil during excavation for a commercial project in Louisiana. Which state agency must be notified?
People Also Study
Business & Financial Management
120 questions · 70% to pass
Contract Administration
60 questions · 70% to pass
Project Management
60 questions · 70% to pass