Breach of Contract Statute of Limitations: Written vs. Oral Agreements (2026)

When a business partner, employer, or contractor fails to uphold their end of a deal, you have the right to take them to court. However, that right is governed by the breach of contract statute of limitations. In the United States, the deadline to sue for a breached contract typically ranges from three to ten years, depending heavily on the state where the lawsuit is filed.

Crucially, the deadline also depends on the type of contract. In most states, courts give plaintiffs significantly more time to sue over a formal written contract than they do for an informal oral agreement (a handshake deal).

If you miss your state’s deadline, your claim becomes time-barred, meaning a judge will dismiss your lawsuit and you will lose the ability to recover your financial losses. This guide explains how breach of contract deadlines work, provides a state-by-state reference table for both written and oral contracts, and outlines when the legal clock starts ticking. You can also estimate your deadline using our free statute of limitations calculator.

When Does a Breach of Contract Claim Accrue?

To know if your deadline has expired, you must first determine when the clock started ticking. In contract law, a claim “accrues” (begins) on the exact date the breach occurred—not on the date the contract was originally signed.

A breach occurs when one party fails to perform their legal obligation as outlined in the agreement. For example:

• If a client was required to pay an invoice by June 1st but failed to do so, the breach occurred on June 2nd.
• If a contractor was hired to finish a roof by October 15th but abandoned the job on October 1st, the breach occurred when they abandoned the project.

In some complex cases involving fraud or hidden defects, the “discovery rule” might apply, pausing the clock until the non-breaching party discovers, or reasonably should have discovered, that the contract was violated. However, in standard commercial transactions, courts assume the breach is obvious on the day performance was due.

Written Contracts vs. Oral Contracts

State legislatures generally distinguish between two main types of contracts when setting statutes of limitations:

Written Contracts

A written contract is any agreement formalized in writing and signed by the parties involved. Because written agreements provide concrete, physical evidence of the terms, courts are willing to entertain lawsuits over these contracts long after they were signed. In states like Illinois, Kentucky, and Wyoming, the statute of limitations for a written contract is a full 10 years.

Oral Contracts

An oral contract (often called a verbal agreement or handshake deal) is legally binding, but it is notoriously difficult to prove in court. Because these cases rely heavily on human memory—which fades and alters over time—states impose much shorter deadlines to sue. In California, for instance, you have four years to sue on a written contract but only two years to sue on an oral one.

Breach of Contract Deadlines by State

The table below outlines the general statute of limitations for both written and oral contracts in all 50 states and Washington, D.C. Always consult a licensed contract attorney to verify the exact deadline that applies to your specific agreement, as certain types of contracts (like those involving the sale of goods under the Uniform Commercial Code) may have unique deadlines.

State	Written	Oral	Statute
Alabama	6 yrs	6 yrs	AL contract limitations statute (written)
Alaska	3 yrs	3 yrs	AK contract limitations statute (written)
Arizona	6 yrs	3 yrs	AZ contract limitations statute (written)
Arkansas	5 yrs	3 yrs	AR contract limitations statute (written)
California	4 yrs	2 yrs	CA contract limitations statute (written)
Colorado	3 yrs	3 yrs	CO contract limitations statute (written)
Connecticut	6 yrs	3 yrs	CT contract limitations statute (written)
Delaware	3 yrs	3 yrs	DE contract limitations statute (written)
District of Columbia	3 yrs	3 yrs	DC contract limitations statute (written)
Florida	5 yrs	4 yrs	FL contract limitations statute (written)
Georgia	6 yrs	4 yrs	GA contract limitations statute (written)
Hawaii	6 yrs	6 yrs	HI contract limitations statute (written)
Idaho	5 yrs	4 yrs	ID contract limitations statute (written)
Illinois	10 yrs	5 yrs	IL contract limitations statute (written)
Indiana	10 yrs	6 yrs	IN contract limitations statute (written)
Iowa	10 yrs	5 yrs	IA contract limitations statute (written)
Kansas	5 yrs	3 yrs	KS contract limitations statute (written)
Kentucky	10 yrs	5 yrs	KY contract limitations statute (written)
Louisiana	10 yrs	10 yrs	LA contract limitations statute (written)
Maine	6 yrs	6 yrs	ME contract limitations statute (written)
Maryland	3 yrs	3 yrs	MD contract limitations statute (written)
Massachusetts	6 yrs	6 yrs	MA contract limitations statute (written)
Michigan	6 yrs	6 yrs	MI contract limitations statute (written)
Minnesota	6 yrs	6 yrs	MN contract limitations statute (written)
Mississippi	3 yrs	3 yrs	MS contract limitations statute (written)
Missouri	10 yrs	5 yrs	MO contract limitations statute (written)
Montana	8 yrs	5 yrs	MT contract limitations statute (written)
Nebraska	5 yrs	4 yrs	NE contract limitations statute (written)
Nevada	6 yrs	4 yrs	NV contract limitations statute (written)
New Hampshire	3 yrs	3 yrs	NH contract limitations statute (written)
New Jersey	6 yrs	6 yrs	NJ contract limitations statute (written)
New Mexico	6 yrs	4 yrs	NM contract limitations statute (written)
New York	6 yrs	6 yrs	NY contract limitations statute (written)
North Carolina	3 yrs	3 yrs	NC contract limitations statute (written)
North Dakota	6 yrs	6 yrs	ND contract limitations statute (written)
Ohio	8 yrs	6 yrs	OH contract limitations statute (written)
Oklahoma	5 yrs	3 yrs	OK contract limitations statute (written)
Oregon	6 yrs	6 yrs	OR contract limitations statute (written)
Pennsylvania	4 yrs	4 yrs	PA contract limitations statute (written)
Rhode Island	10 yrs	10 yrs	RI contract limitations statute (written)
South Carolina	3 yrs	3 yrs	SC contract limitations statute (written)
South Dakota	6 yrs	6 yrs	SD contract limitations statute (written)
Tennessee	6 yrs	6 yrs	TN contract limitations statute (written)
Texas	4 yrs	4 yrs	TX contract limitations statute (written)
Utah	6 yrs	4 yrs	UT contract limitations statute (written)
Vermont	6 yrs	6 yrs	VT contract limitations statute (written)
Virginia	5 yrs	3 yrs	VA contract limitations statute (written)
Washington	6 yrs	3 yrs	WA contract limitations statute (written)
West Virginia	10 yrs	5 yrs	WV contract limitations statute (written)
Wisconsin	6 yrs	6 yrs	WI contract limitations statute (written)
Wyoming	10 yrs	8 yrs	WY contract limitations statute (written)

Exceptions and Tolling in Contract Disputes

In certain situations, the statute of limitations can be paused (tolled) or reset:

• Acknowledgment of Debt: If a contract involves a debt, and the breaching party makes a partial payment or acknowledges the debt in writing after the breach, the statute of limitations usually resets entirely from the date of that payment or acknowledgment. (See our guide on debt collection statutes of limitations for more details).
• Defendant Leaves the State: If the party who breached the contract flees the state to avoid being served with a lawsuit, the clock is often paused while they are absent.
• Minors or Incapacity: If the party bringing the lawsuit was a minor or legally incapacitated when the breach occurred, the clock may be paused until they come of age or regain competency.

The Uniform Commercial Code (UCC) Exception

It is highly important to note that the general deadlines listed above apply to standard contracts (e.g., employment agreements, service contracts, real estate leases).

However, if your contract involves the sale of goods (physical products, inventory, equipment), it is likely governed by the Uniform Commercial Code (UCC) rather than general state contract law. Under the UCC, the statute of limitations for a breach of contract involving the sale of goods is almost universally four years nationwide. While states can modify this, four years is the standard UCC rule.

How to Check Your Contract Deadline

If you are dealing with a broken agreement, time is critical. You can use our statute of limitations calculator to determine how much time you have left. By selecting your state, choosing either “Written Contract” or “Oral Contract,” and entering the date the breach occurred, you will instantly receive an estimated deadline.

Frequently Asked Questions

What happens if I file a breach of contract lawsuit after the deadline?

If you file a lawsuit after the statute of limitations has expired, the defendant will file a motion to dismiss your case on those grounds. The judge will grant the motion, and you will lose your right to collect damages for the breach.

Does a text message or email count as a written contract?

It can. In many modern legal disputes, courts have found that an exchange of emails or text messages that clearly outlines an offer, acceptance, and terms can constitute a written contract, making it subject to the longer written contract statute of limitations.

If a contract was signed in one state but breached in another, which deadline applies?

This depends on the contract itself. Many formal agreements include a “Choice of Law” clause specifying which state’s laws govern the contract. If no such clause exists, courts will look at where the contract was executed and where the breach occurred, a complex analysis that requires an attorney.

Can parties agree to shorten the statute of limitations in the contract itself?

Yes. Many commercial contracts include a clause that shortens the statute of limitations (e.g., “Any claim arising from this agreement must be brought within one year”). Provided the shortened timeframe is considered reasonable under state law, courts will typically enforce it.

For an immediate estimate of your legal deadline, check our statute of limitations calculator, and consult an experienced business attorney before your time to sue runs out.