Legal Question in Business Law in Ohio

breach of contract

what is the statute of limitations to file a suit for breach of contract?


Asked on 4/04/07, 3:51 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: breach of contract

Dear "Breachee": In Ohio, actions upon a written (and signed) contract is 15 years from the date of making. Oral contracts, requiring strict proof of terms and conditions agreed upon may be enforceable under the Statute of Limitations, for 6 years from the date of making.

STATUTES OF LIMITATIONS

By definition, statutes of limitations are specific landmark dates, or �deadlines�, by which an act or action must be initiated, or it will be forever barred at law. Other deadlines missed may merely impose fines or penalties for lateness. Ominous though it may sound, such cutoffs, including response dates, are essential to an orderly business society and economy, and necessary to provide finality and closure to certain events and claims. Such limitations must not be confused with specific, mandatory filing deadlines for income tax returns, and auto and driver�s license renewals, each of which may carry only monetary penalties for lateness.

Statutes of limitation, like aircraft landings, are mandatory. Some of the most common limitations include:

Notice of Construction Claim � Contract Terms

Demand for Arbitration � Contract Terms

Constr.Defects (After Damage Ensues) 4yrs.

Constr.Defects (After Completion) - Claims Against Archts, Engrs., Contractors 15 yrs.

Notice of Furnishing, Miller Act Liens 21days

Mechanic�s Liens, Ohio statutes 75 days

Mech. Liens, Residential 60 days

Answer to Complaint: Federal Court 20 days

State Court 28 days

Appeal from Judgment or Order 30 days

Zoning Appeals 30 days

Complaint for Injunctive Relief 7 days

Summary Judgment Motions 30 days

Probate Claims Against Estate 1 year

Malpractice/Professional Negligence 1 year

Wrongful Death Claims 1 year

Motions for Relief from Judgment 1 year

Personal Injury, Property Damage 2 yrs.

Worker�s Compensation Claims 2 yrs.

Occupational Disease Claims 6 mo.

Negligence 4 yrs.

Tort Claims 4 yrs.

Oral Contract Claims 6 yrs.

Written Contract Claims 15 yrs.

Laws, like houses, lean on one another.

Edmund Burke (1729-97) Irish philosopher, statesman.

Good luck!

J. Norman Stark, Cleveland, Ohio.

Read more
Answered on 4/04/07, 4:18 pm


Related Questions & Answers

More Business Law questions and answers in Ohio