What Is the Statute of Limitations for Breach Of A Written Contract in Delaware?
In Delaware, the statute of limitations for breach of a written contract is generally 3 years under 10 Del. C. § 8106(a).
Breach of a written contract Deadlines in Delaware
How long do you have to file a breach of a written contract claim in Delaware?
In Delaware, the statute of limitations for breach of a written contract is generally 3 years under 10 Del. C. § 8106(a).
When does the clock start for breach of a written contract in Delaware?
Three years from breach — short by national standards.
Can the Delaware deadline for breach of a written contract be extended?
Instruments under SEAL are excluded from § 8106 and run much longer. A promissory note, bill of exchange, or written acknowledgment of a subsisting demand runs six years under § 8108. Sales contracts run four years under 6 Del. C. § 2-725, where parties may shorten the period to not less than one year but may not extend it.
Is the deadline different if the claim is against the government in Delaware?
Often, yes. Notice within 1 year for municipal claims under 10 Del. C. § 8124. Section 8124 requires notice of a claim against a municipality within one year of the occurrence. The County and Municipal Tort Claims Act, 10 Del. C. ch. 40, governs governmental immunity and limits the categories of claim that may be brought at all. Not conf…
How does Delaware compare to other states for breach of a written contract?
Delaware's 3 years is among the shortest in the country. Across the 49 jurisdictions with a verified figure, the deadline for breach of a written contract ranges from 3 years to 10 years, and 6 years is the most common. Compare all states →
What Does Written Contract Cover?
Situations that typically fall under the breach of a written contract deadline in Delaware:
