How Long Do You Have to Sue for Breach of Contract?

A State-by-State Guide to Statutes of Limitations

When a business partner, client, or vendor breaches a contract, time is not on your side. Every state has laws—called statutes of limitations—that set strict deadlines for when you can file a lawsuit. Once that time passes, you lose the right to take legal action, no matter how strong your case may be.

At Frisella Law Firm, we help businesses across the U.S. understand and act on their contract rights before those deadlines expire. Here’s a breakdown of what you need to know about how long you have to sue for breach of contract and why it matters for your business.

What Is a Statute of Limitations?

A statute of limitations is the legally defined time limit within which you must file a lawsuit after a breach occurs. The clock usually starts ticking from the date of the breach, not from when you first discover it—though a few exceptions apply depending on state law and contract type.

If you miss that window, the court will almost certainly dismiss your claim, even if you’re owed money or damages.

Why Statutes of Limitations Matter

  • They Protect Your Right to Recover: Acting promptly ensures your case is heard while evidence and documentation are still fresh.

  • They Vary by Contract Type: Written and oral contracts often have different time limits.

  • They Vary by State: Each state sets its own deadlines, ranging from as short as 3 years to as long as 10.

Statutes of Limitations by State (Written Contracts)

While laws can change, here’s a general overview of common limitation periods for written contracts across the U.S.:

State Years to File (Written Contract)
Alabama 6 years
Alaska 3 years
Arizona 6 years
Arkansas 5 years
California 4 years
Colorado 6 years
Connecticut 6 years
Delaware 3 years
District of Columbia 3 years
Florida 5 years
Georgia 6 years
Illinois 10 years
Indiana 10 years
Iowa 10 years
Kentucky 10 years
Louisiana 10 years
Maine 6 years
Maryland 3 years
Massachusetts 6 years
Michigan 6 years
Minnesota 6 years
Mississippi 3 years
Missouri 10 years
Montana 8 years
Nebraska 5 years
Nevada 6 years
New Hampshire 3 years
New Jersey 6 years
New Mexico 6 years
New York 6 years
North Carolina 3 years
North Dakota 6 years
Ohio 8 years
Oklahoma 5 years
Oregon 6 years
Pennsylvania 4 years
Rhode Island 10 years
South Carolina 3 years
South Dakota 6 years
Tennessee 6 years
Texas 4 years
Utah 6 years
Vermont 6 years
Virginia 5 years
Washington 6 years
West Virginia 10 years
Wisconsin 6 years
Wyoming 10 years

Note: These time frames apply to written contracts. Oral contracts usually have shorter limits—often 2 to 4 years depending on the state.

When Does the Clock Start?

The statute of limitations generally begins on the date of the breach—for example, when a client fails to make payment or a vendor fails to deliver goods as agreed. However, some exceptions may apply if the breach wasn’t immediately discoverable or if the contract includes special terms extending the period.

What Businesses Should Do

  1. Act Quickly: Don’t wait until the end of the fiscal year or after repeated payment reminders. The sooner you act, the better your chances of recovery.

  2. Document Everything: Keep all emails, invoices, payment records, and signed contracts.

  3. Consult a Contract Litigation Attorney: An attorney can review your contract and confirm the correct statute of limitations in your state before filing.

Why Work With Frisella Law Firm

At Frisella Law Firm, we’ve handled contract litigation and commercial debt collection for over 20 years. Our attorneys help businesses enforce their rights nationwide, using a flat-rate contingency fee structure—meaning you only pay if we recover money on your behalf.

We also maintain a network of experienced contract attorneys across all 50 states and Canada, allowing us to handle multi-jurisdictional claims efficiently.

Don’t Let Time Run Out

If your business is owed money or facing a breach of contract, don’t wait until it’s too late.
Contact Frisella Law Firm today to evaluate your case and protect your right to recover.

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