Legal Question in Consumer Law in California

Statute of Limitation in California

Ladies and Gentlemen: I would like to know the time frame of the Statue of Limitation for a contractor's invoice.

Thank you for your time.

Sincerely,

--name removed--Oliver


Asked on 10/06/05, 6:42 pm

2 Answers from Attorneys

Daniel Harrison Berger Harrison, APC

Re: Statute of Limitation in California

Generally: Either 2 or 4 years. 2 years without a contract. 4 years with a contract. The time begins to run when the breach occurred, when the payment was due. The above is only a generalization. Feel free to contact us if your situation doesn't easily fall into one of the categories above.

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Answered on 10/07/05, 7:41 pm
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Statute of Limitation in California

Your question is somewhat amgibuous. However, if you are asking how long a contractor would have to sue you if you did not pay an invoice presented to you, it would depend. An invoice which has been presented generally implies that the parties entered into some form of contract whereby the contractor agreed to do some work in return for being paid.

If the contract was oral, the statute of limitatiosn is generally 2 years. If the contract was written, the statute of limitations is 4 years. There are also causes of action known as "common counts" which generally refer to an account stated, open book account, etc. If these theories are used the limitations period is either 2 or 4 years depending on the theory relied upon.

You may want to provide more information, such as whether a written contract was signed, in order to get a more specific answer to your question.

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Answered on 10/06/05, 6:59 pm


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