Under Louisiana Civil Code, what is the prescriptive period for filing a lawsuit for construction defects on a residential building?
Correct Answer
C) 10 years from completion
Louisiana Civil Code Article 3498 establishes a 10-year prescriptive period for construction defect claims on immovable property from the time of completion.
Why This Is the Correct Answer
10 years from completion is correct under Louisiana Civil Code Article 3498 (and the related Article 2762). Louisiana imposes a 10-year peremptive/prescriptive period for claims arising from defects in immovable property construction. This 10-year period runs from the date the work is completed, regardless of when the defect is discovered. This is a notably long period compared to many other states and reflects Louisiana's civil law tradition.
Why the Other Options Are Wrong
Option A: 5 years from completion
5 years from completion is not the Louisiana standard for construction defect claims on immovable property. While some Louisiana contractual claims may prescribe in 5 years, the specific construction defect period under Civil Code Article 3498 is 10 years.
Option B: 2 years from discovery
2 years from discovery applies to certain personal injury tort claims in Louisiana (like delictual actions), not to construction defect claims on immovable property. Applying a discovery rule here confuses two different prescriptive frameworks.
Option D: 1 year from discovery
1 year from discovery is Louisiana's standard prescription for delictual (tort) actions, such as negligence claims. However, construction defect claims on buildings follow the longer 10-year period from completion, not the 1-year tort prescription.
Memory Technique
Remember 'LA buildings get a decade': Louisiana gives property owners 10 years from completion to sue for construction defects. Associate '10' with the 10 letters in 'Louisiana' to lock it in memory.
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