Legal Question in Business Law in Ohio
breach of contract
what is the statute of limitations to file a suit for breach of contract?
1 Answer from Attorneys
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.
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