October 4, 2015
Breach of contract disputes are subject to certain time limits within which the issue must be brought before the court. This time limit is known as the statute of limitations. If you fail to file a lawsuit within the statute of limitations, the case could get dismissed and you would be unable to enforce the contract. The time limit varies based upon the type of contract and the remedy that is sought.
Statute of Limitations for Oral Contracts
A lawsuit based upon an oral contract, rather than a contract that is in writing, must be filed within four years from the date breach of contract occurred. Keep in mind that some types of contracts must be in writing, so this may further limit your ability to enforce the contract.
Statute of Limitations for Written Contracts
If a lawsuit is based upon a written contract, the statute of limitation is five years from when the alleged breach of contract occurred. Make sure to review the terms of the contract to verify a true breach occurred.
Statute of Limitations if Seeking Performance of the Contract
Sometimes, a party injured by a breach of contract can request fulfillment of the contract instead of damages. For example, if you have a contract with a contractor to build a building, and the contractor fails to build the building, you can sue and request that the contractor complete the building. This is called “specific performance.” The statute of limitations if you are seeking specific performance is one year from the date of the breach of contract.
Contact Khonsari Law Group After a Breach of Contract
If you have a breach of contract issue, contact the attorneys at Khonsari Law Group to learn your options, even if your case falls outside the statute of limitations. The attorneys at Khonsari Law Group have the experience and knowledge to advise you of the potential remedies and damages to which you may be entitled.