In 2021, Ohio shortened its statute of limitations for breach of contract. If you are considering suing for a breach, this new law makes it important to speak with an Ohio breach of contract attorney as soon as possible.
Previously, claimants could bring a breach lawsuit up to eight years after a violation occurred, depending upon the facts of the case. This new law shortens that time period to a maximum of six years, again, depending upon the facts of the case.
Because this new law applies to all actions that took place after June 16, 2021, time is of the essence. The Bensinger Legal Services team can help. This blog post will discuss the changes to the statute of limitations for breach of contract in Ohio and explain how they affect your potential lawsuit.
For immediate assistance, please call (419) 455-1410 or fill out our online form.
Key Takeaways
Statute of Limitations for Breach of Contract in Ohio: Key Facts to Know
Missing a filing deadline can end a contract claim before it starts. Here is what to know about the statute of limitations for breach of contract in Ohio and how the 2021 changes affect your timeline.
- Six years for written contracts, four for oral ones. The clock usually starts when the breach occurs, which the law calls the date the cause of action accrues.
- Ohio shortened these deadlines in 2021. Before June 16, 2021, written contract claims had up to eight years and oral contract claims up to six.
- Older claims follow transition deadlines. Written contract claims that accrued before June 16, 2021, generally must be filed by June 16, 2027. The June 16, 2025, cutoff for older oral contract claims has already passed.
- Some situations can pause or extend the deadline, such as when the injured party is a minor or incapacitated, or when the other party cannot be located.
What Is the Statute of Limitations for Breach of Contract?
A “statute of limitations” is the period during which a lawsuit must be filed, or else the claim expires. For instance, if you discovered that someone breached a contract with you in 2002 and waited until 2022 to file a lawsuit, you would most likely be prohibited from pursuing your claim. Statutes of limitations protect both plaintiffs and defendants by ensuring claims are timely, that evidence is fresh, and that claims are not being filed to harass other people long after the dispute is over.
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A Broken Agreement Shouldn’t Leave You Without Options
When someone fails to hold up their end of a contract, it can cost you money, time, and peace of mind, and a filing deadline only adds to the pressure. Our team can review what happened, answer your questions, and explain your options in plain terms so you can act before time runs out.
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Ohio law requires breach of written contract lawsuits to be filed within six years and breach of oral contract lawsuits within four years. The statute of limitations usually begins on the date the contract breach occurred. Claims that accrued before June 16, 2021, generally have filing deadlines of June 16, 2027, for written contracts and June 16, 2025, for oral contracts.
When does the statute of limitations start for a breach of contract claim?
For a contract claim, the statute of limitations typically begins to run when the act breaking the contract terms happens, known in the law as being when the “cause of action accrues.” The cause of action typically accrues when the breach occurs.
There are a few exceptions to this general rule.
These include:
- The injured party is a minor;
- The defendant cannot be located;
- The harm caused by the breach was not discovered until after the statute of limitations had run; and
- The claimant is incapacitated.
While it is rare for a contract signed by a minor to be considered valid, if it is upheld, the minor would have until their 18th birthday before the statute of limitations begins to run. Even if the statute of limitations has run out on your claim, speak with a member of the Bensinger Law team about your case. Attorney Aaron Bensinger may be able to help.
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New Statute of Limitations for Breach of Contract in Ohio
As of June 2021, the statute of limitations for breach in Ohio requires parties to assert claims for written contracts within six years after the cause of action accrues. Any claims after June 16, 2021, are subject to the new, six-year statute of limitations. However, any claims that accrued before the effective date of the new statute can be brought as late as June 16, 2027, or the remaining period under the prior eight-year statute of limitations.
Oral contracts have a slightly different calculation for the statute of limitations. Under the old statute, an oral contract claim could be brought at any time within six years of the act breaking the terms set out in the contract. The revised statute requires that claims involving oral contracts now be brought within four years from the time at which the claim accrues.
If you have been the victim of a breach and want to pursue a claim, do not let these changes to the law defeat your chances of success in court. The experienced lawyers at Bensinger Legal Services can help you evaluate your options.
Worried the Clock Is Running on Your Claim? Let’s Talk.
Ohio’s contract deadlines changed in 2021, and it is normal to be unsure how much time you have left. Attorney Aaron Bensinger and our team can review your contract and the timeline and help you understand where you stand.
The Bensinger Law Difference
Aaron Bensinger helps clients with breach of contract, personal injury, and civil litigation claims. He strives to offer unmatched representation in the Northwest Ohio region with his client-centered approach. His extensive experience and familiarity with business litigation enable him to meet his clients’ most pressing legal needs.
Contact us using our online form, or call (419) 455-1410 today for a case evaluation to see how we can help your case.
Frequently Asked Questions
Statute of Limitations for Breach of Contract in Ohio: Your Questions Answered
Contract deadlines in Ohio changed in 2021, which leaves many people unsure how much time they have. These answers cover common questions about the statute of limitations for breach of contract in Ohio.
What is the statute of limitations for breach of contract in Ohio?
In Ohio, a lawsuit for breach of a written contract generally must be filed within six years, and a lawsuit for breach of an oral contract within four years. These limits took effect on June 16, 2021, replacing the previous eight-year limit for written contracts and six-year limit for oral contracts.
When does the clock start on a breach of contract claim?
The clock usually starts when the breach occurs, which is when the cause of action accrues. Exceptions can apply, such as when the injured party is a minor or incapacitated, or when the defendant cannot be located. If a contract signed by a minor is upheld, the clock generally starts on their 18th birthday.
Does the 2021 change apply to a contract breached before June 16, 2021?
Transition rules apply. A written contract claim that accrued before June 16, 2021, generally must be filed by June 16, 2027, unless the time left under the old eight-year limit runs out sooner. For older oral contract claims, the transition deadline of June 16, 2025, has already passed.
What happens if I miss the deadline to sue for breach of contract?
If the statute of limitations has run, your claim generally expires and a court will most likely bar the lawsuit. Because exceptions can pause or extend the deadline, it is still worth having an attorney review your situation before assuming your claim is lost. The safest approach is to act as soon as a breach occurs.
Aaron L. Bensinger is an Ohio attorney serving personal injury and civil litigation clients. He has extensive trial experience and makes client service is his primary focus. As a partner at Balyeat, Leahy, Daley, Miller & Bensinger, LLC, Aaron happily works in Lima, OH, and serves the entire Northwest region of the state and beyond.