Orleans Parish School Board v. Pittman Construction Co.

I believe the majority erred in holding that LSA-R.S. 13:2189 is controlling in this case. While at first glance this provision seeemingly is on point, it becomes apparent upon further analysis that the legislature could not have intended this statute to apply to the ten year warranty period of LSA-C.C. art. 2762, under which this action was brought. Article 2762 reads:

“If a building, which an architect or other workman has undertaken to make by the job, should fall to ruin either in whole or in part, on account of the badness of the workmanship, the architect or undertaker shall bear the…