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La. Rev. Stat. § 38:2189 (2026)

Prescription

✓ current as of May 2026
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§2189.  Prescription

Any action against the contractor on the contract or on the bond, or against the contractor or the surety or both on the bond furnished by the contractor, all in connection with the construction, alteration, or repair of any public works let by the state or any of its agencies, boards or subdivisions shall prescribe 5 years from the substantial completion, as defined in R.S. 38:2241.1, or acceptance of such work, whichever occurs first, or of notice of default of the contractor unless otherwise limited in this Chapter.  

Added by Acts 1962, No. 15, §1.  Amended by Acts 1975, No. 250, §1.  

Notes of Decisions
Cited in 32 cases (3 in the last 5 years), 1966–2024 · leading case: State v. McInnis Bros. Const., 701 So. 2d 937 (La. 1997).
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State v. McInnis Bros. Const., 701 So. 2d 937 (La. 1997). · cites it 26× “R.S. 38:2189 which provides a five year time period from notice of acceptance, substantial completion or notice of default of the contractor in which to file suit against the contractor or the surety on the contract or the bond.”
St. Charles Par. Sch. Bd. v. GAF Corp., 512 So. 2d 1165 (La. 1987). · cites it 24× “R.S. 38:2189. [1] We now conclude that the three-year limitation established by La.”
State Ex Rel. Guste v. Simoni, Heck & Assocs., 331 So. 2d 478 (La. 1976). · cites it 7× “R.S. 38:2189 (1962)? (That is, for purposes of this short prescriptive period, is an architect or engineer considered a "contractor" for the purposes of that special prescription statute?) Facts In 1966, the Louisiana Office Building Corporation (LOBC), a state agency, entered…”
State Ex Rel. Guste v. Simoni, Heck & Assocs., 297 So. 2d 918 (La. Ct. App. 1974). · cites it 10× “Defendants, Simoni, Pittman, Aetna and Airtrol filed exceptions of prescription of three years under provisions of LSA-R.S. 38:2189, and also Airtrol filed exceptions of no right or cause of action based on no privity of contract between plaintiffs and Airtrol.”
Orleans Par. Sch. Bd. v. Scheyd, Inc., 737 So. 2d 954 (La. Ct. App. 1999). · cites it 9× “R.S. 38:2189 is not controlling in this case because the School Board's claim arises in tort rather than under contract as stated in the statute.”
Honeywell, Inc. v. Jimmie B. Guinn, Inc., 462 So. 2d 145 (La. 1985). · cites it 2× “R.S. 38:2189, the general prescriptive period contained in Part I, entitled "General Provisions," of the chapter on public contracts.”
Rodriguez v. Sunrise Homes, Inc., 532 So. 2d 952 (La. Ct. App. 1988). · cites it 5× “They each filed exceptions based on LSA-R.S. 38:2189 [6] which had been enacted in 1962.”
State Bd. of Ethics v. Ourso, 842 So. 2d 346 (La. 2003). “R.S. 38:2189 establishes a peremptive time period.”
Law Enf't Dist. of Jefferson Par. v. Mapp Constr., LLC, 196 So. 3d 896 (La. Ct. App. 2016). · cites it 13× “R.S. 38:2189 — or a conventional bond — subject to the one-year prescriptive period specifically set forth under the provisions of the bond.”
Orleans Par. Sch. Bd. v. Pittman Constr. Co., 260 So. 2d 661 (La. 1972). · cites it 2× “R.S. 38:2189) is remedial legislation affecting procedural rights, which under well-known principles of law may operate retroactively.”
Watkins v. Exxon Mobil Corp., 145 So. 3d 237 (La. 2014). “R.S. 38:2189, which states the action “shall prescribe” is a peremptive time period).”
Marquette Cement Mfg. Co. v. Normand, 192 So. 2d 552 (La. 1966). · cites it 3× “15 of 1962, LSA-R.S. 38:2189 provides: “Any action against the contractor on the contract or on the bond or against the contractor and/or the surety on the bond furnished by the contractor, all in connection with the construction, alteration or repair of any public works let by…”
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