Question 1

When does the statute of limitations start?

Accepted Answer

Usually on the date of the breach — not when you discover it. If a contractor installs a faulty roof in January 2023, the clock starts in January 2023, even if you don't notice the leak until January 2025. Some states apply a 'discovery rule' for hidden defects, starting the clock when you knew or should have known about the breach.

Question 2

Can a contract shorten the statute of limitations?

Accepted Answer

In most states, yes. Contracts often include clauses like 'any claim must be brought within 1 year of the breach.' Courts generally enforce these as long as the shortened period is reasonable. Some states have minimums — you can't shorten it below a certain threshold. Check your contract and your state's rules.

Question 3

What happens if the statute of limitations expires?

Accepted Answer

Your claim is barred. The other party raises it as a defense, and the court dismisses your case. It doesn't matter if you have a slam-dunk case with perfect evidence. The deadline is the deadline. There are rare exceptions (fraud, defendant leaving the jurisdiction), but don't count on them.

Question 4

Is the statute of limitations different for written vs. verbal contracts?

Accepted Answer

In many states, yes. Written contracts typically get a longer window (4–6 years) than verbal contracts (2–4 years). In California, it's 4 years for written and 2 years for oral. This is yet another reason to get your agreements in writing — you get more time to enforce them.

Question 5

Can the statute of limitations be paused?

Accepted Answer

Yes — this is called 'tolling.' Common reasons include: the defendant left the state, the plaintiff was a minor, the breach was fraudulently concealed, or the parties entered into settlement negotiations. Tolling pauses the clock until the reason for tolling ends. But don't rely on tolling — file your claim while you still clearly have time.

Statute of Limitations

Definition

In Practice

Common in these contract types

Frequently asked questions about statute of limitations

Create a contract with proper statute of limitations clauses