How Long Do I Have To File My Breach of Contract Lawsuit?

If someone breaks a contract with you, it can cost you time, money, and opportunities. And you may have a legal cause of action to recover compensation. However, there is a time limit, known as the statute of limitations, to file a breach of contract claim.

Statutes of limitations vary by state. The time limit can be longer or shorter, depending on your situation. Contact a local contract lawyer for legal advice about how long you have to file a breach of contract case.

Understanding Breach of Contract Claims

A contract is an agreement between two or more parties that creates a legal obligation to do or not do certain actions. We enter into contracts all the time, like ordering food at a restaurant or buying something online. More formal contracts are written out with the terms of the agreement and require a signature from each party.

When someone fails to fulfill their contractual obligations, there is a breach. The non-breaching party has the right to enforce the contract or sue for damages. The amount of damages can depend on:

• The type of contract
• The terms of the contract
• The value of what was lost

In some cases, you can sue for specific performance, requiring the breaching party to do the particular thing the contract require them to do. For contracts involving a small amount of money, you can take your case to small claims court. For business contracts or contracts involving large purchases, you may have to file your case in civil or federal court. Before taking legal action for a breach of contract case, talk to a contract law attorney about your legal options.

Statute of Limitations for Breach of Contract

The statute of limitations is the legal time limit for legal proceedings. The statute of limitations varies by state, with most states giving you from three to six years to file a lawsuit. Some states have a 10-year statute of limitations for breach of contract claims.

State courts strictly enforce the statute of limitations. If the time is up and you haven’t filed your claim, you lose out on the chance to enforce the terms of the contract.

For most breach of contract claims, the statute of limitations begins to run from the date of the breach. If the other party expressly indicates they will not perform their obligations, that is a breach. However, the date of breach is not always so clear.

A contractor may slow down on performance or keep delaying work on the project. In these situations, the date of breach can be an issue in litigation. Contacting an attorney sooner rather than later is helpful because you won’t have to worry about the statute of limitations.

State-by-State Time Limits for a Breach of Contract Claim

The following is a general survey of the statute of limitations for breach of contract by state. The actual time limit can be shorter or longer, depending on the situation. Many states have different statutes of limitations based on whether you have a written contract or an oral contract. Some contracts use choice of law clauses to use the law of a different state.

To find out how long you have to file a breach of contract lawsuit, talk to a local business litigation attorney. Your contract law attorney can review your contract and explain the time limits to file suit in court.

Alabama	6 years	Ala. Stat. § 6-2-34
Alaska	3 years	Alaska Stat. § 09.10.053
Arizona	6 years	A.R.S. § 12-548
Arkansas	5 years	A.C.A. § 16-56-111
California	4 years	Cal. Civ. Proc. Code § 337
Colorado	6 years	Ariz. Rev. Stat. § 12-548
Connecticut	6 years	C.G.S.A. § 52-576
Delaware	3 years	10 Del. C. § 8106.
Florida	5 years	F.S.A. § 95.11(2)(b)
Georgia	6 years	O.C.G.A. § 9-3-24
Hawaii	6 years	Haw. Stat. § 657-1
Idaho	5 years	Idaho Code § 5-216
Illinois	10 years	I.L.C.S. § 5/13-206
Indiana	10 years	I.C. § 34-11-2-1
Iowa	10 years	I.C.A. § 614.1
Kansas	5 years	K.S.A. 60-511
Kentucky	10 years	K.R.S. § 413.160
Louisiana	10 years	L.S.A.-C.C. Art. § 3499
Maine	6 years	14 M.R.S.A. § 205
Maryland	3 years	Md. Cts. & Jud. Proc. Code § 5-101
Massachusetts	6 years	Mass. Laws Ch. 260 § 2
Michigan	6 years	M.C.L.A. § 600.5807
Minnesota	6 years	M.S.A. § 541.05
Mississippi	3 years	M.C.A. § 15-1-49
Missouri	5 years	Mo. Rev. Stat. § 516.120
Montana	8 years	Mont. Stat. § 27- 2-202
Nebraska	5 years	Neb. Stat. § 25-205
Nevada	6 years	N.R.S. § 11.190
New Hampshire	3 years	N.H. Stat. Ann. § 508:4
New Jersey	6 years	N.J.S.A. § 2A:14-1
New Mexico	6 years	N.M.S.A. § 37-1-3
New York	6 years	N.Y. C.P.L.R. § 213
North Carolina	3 years	N.C.G.S.A. § 1-52
North Dakota	6 years	N.D.C.C. § 28-01-16
Ohio	8 years	O.R.C.A. § 2305.06
Oklahoma	5 years	Okla. Stat. Tit. 12, § 95
Oregon	6 years	O.R.S. § 12.020
Pennsylvania	4 years	42 P.S. § 5525
Rhode Island	10 years	R.I.G.L. § 9-1-13(a)
South Carolina	3 years	S.C. Code § 15-3-530
South Dakota	3 years	S.D.C.L. § 15-2-13
Tennessee	6 years	T.C.A. § 28-3-109
Texas	4 years	Tex. Civ. Prac. & Rem. Code § 16.004
Utah	6 years	U.C.A. § 78B-2-309
Vermont	6 years	Vt. Stat. Tit. 12, § 511
Virginia	5 years	Va. St. § 8.01-246
Washington	6 years	R.C.W.A. § 4.16.040
Washington, D.C.	3 years	D.C. Code § 12-301(8)
West Virginia	10 years	W. Va. Code § 55-2-6
Wisconsin	6 years	Wis. Stat. § 893.43
Wyoming	10 years	Wyo. Stat. § 1-3-105

Elements of a Breach of Contract

To prove a breach of contract case, you need to meet all the elements. The elements of a breach of contract claim include:

• There was a valid, enforceable contract
• You performed according to your obligations
• The breaching party failed to perform
• You suffered harm or financial loss because of the breach

For a valid contract, you generally need an agreement between parties, intended to be relied upon, with some consideration or value. Contracts can be oral or written, though many states have a statute of frauds law that require certain types of contracts to be in writing. Proving an oral contract can be more difficult.

Types of Contract Breaches

Breaches of contract can be minor, material, or anticipatory.

A minor breach may not be serious enough to breach the total contract. For example, you sign a purchase agreement for 1,000 metal water bottles with your company logo. You get the delivery, and a dozen bottles have misprints. This is generally not enough to invalidate the contract. The dispute would generally result in a credit or conforming replacements.

A material breach goes to the heart of the agreement. In the example above, the company delivers the water bottles but they are plastic instead of metal. This is a material breach and you could sue the manufacturer for a breach of contract.

An anticipatory breach occurs when you know the other party will not fulfill their obligation, even if the terms are not up. For example, on January 1st, you contract with a construction company to build a house by December 31st. By November 30th, you find out the construction company has not secured building permits or started construction. In this situation, you could sue for damages because the construction company cannot complete the project by the contract date.

Legal Remedies for Breach of Contract

Legal remedies in a breach of contract dispute can depend on the type of contract, contract language, and other factors. Possible remedies include compensatory damages and equitable remedies.

Compensatory damages include:

• Actual damages
• Special or consequential damages
• Liquidated damages (provided for in the terms of the contract)
• Paying your attorney fees

Equitable remedies don’t involve financial compensation. You can ask the court to require the breaching party to do something or refrain from doing something. Equitable remedies include:

• Specific performance
• Injunctive relief
• Rescission of the contract

Some contracts require the parties to go through arbitration instead of litigation. Mandatory arbitration clauses are common. Instead of going through court, the parties present their case to a third-party arbitrator. Arbitration does not have the same legal rules and formalities of civil court. However, arbitration is generally much faster and less costly than litigation. Talk to your contract law attorney about any arbitration clauses in your contract.

Legal Assistance to File a Breach of Contract Lawsuit

If you wait too long to file a breach of contract claim, you could lose out on your legal rights. Contact an experienced attorney if another party breached their contractual obligations. Your attorney can review the contract, explain your legal options, and take your case to court.

Your attorney can negotiate with the breaching party to help you get a fair settlement and avoid litigation. If the other party won’t pay up, your attorney can take your case to court to get all the legal remedies available. Use the Super Lawyers directory to find a local attorney to file your breach of contract lawsuit before the deadline runs out.