Legal Question in Business Law in California
Statue of limitations on small claims
What is the limit in taking a contractor to small claims court?
I have a concrete patio that is turning brown. It was okay for almost a year, but it started to turn brown towards the end of the year, and I could not get in contact with the contractor.
It took me several months to get an address, and I held up filing because I thought it was too late.
1 Answer from Attorneys
Re: Statue of limitations on small claims
In general, breach of contract suits must be brought within four years of the breach or of the date when the breach would have been noticed by a reasonable person in the plaintiff's position. I do not know of any reason why this general rule would be inapplicable in the Small Claims context, so you seem to have plenty of time.
On the other hand, you shouldn't wait too long because a doctrine called laches could preclude an otherwise timely suit if your delay somehow prejudices the contractor. Besides, the longer you wait, the more likely it is that the contractor will go out of business or disappear.
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