Breach of Contract Statute of Limitations in Louisiana

Last verified 2026-07 · Source: La. Civ. Code art. 3499 ✓ verified · 3 sources

Under La. Civ. Code art. 3499, you have 10 years from Date of breach (prescription begins when the obligation is not performed); delayed by contra non valentem when breach is undiscoverable to file a breach of contract lawsuit in Louisiana. Miss it and you lose the right to sue — but several Louisiana-specific exceptions can extend (or shorten) that window, detailed below.

Louisiana Deadlines for Related Claims

When the Clock Starts

In Louisiana, the limitations period for breach of contract claims generally begins on Date of breach (prescription begins when the obligation is not performed); delayed by contra non valentem when breach is undiscoverable. Louisiana recognizes a discovery rule for this claim type: Louisiana courts apply the judicially created 'contra non valentem' doctrine, which suspends prescription when the claimant could not reasonably have known of the cause of action despite due diligence

Exceptions That Can Extend the Deadline

• Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
• Defendant leaves the state: absence can pause the clock in many circumstances.

General personal actions, including written contracts, are subject to a 10-year liberative prescription under Art. 3499. Oral contracts fall under the same periods based on type: services rendered, salaries/wages, rent arrears, money lent, open accounts, and royalty disputes are subject to a 3-year prescription under Art. 3494. Art. 3469 suspends prescription only between specific parties (parent-child, caretaker-minor) during minority — no general minor tolling against third parties.

Source: La. Civ. Code art. 3499, official Louisiana statute · verified 2026-07

What to Do Before the Deadline Runs

1. Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
2. Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
3. Send preservation/notice letters where required (especially for Louisiana government defendants).
4. If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Louisiana Compares to Nearby States

Frequently Asked Questions

Sources

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Louisiana attorney.