Breach of Contract Statute of Limitations by State: How Long Contractors Have to Sue for Payment (2026)
✓ Verified against state statutes · Reviewed November 2026 · By Michael Evan — Founder · 50 states · 799 rules
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Key Takeaways
A drywall subcontractor finishes a tenant buildout in February. The GC stalls through spring with promises. By the time the sub stops waiting, the 90-day lien window has closed. The sub assumes the money is gone. It isn’t. The lien is gone. The debt is still there, and the sub has years, not days, to sue the GC for it. That difference matters because most unpaid contractors only ever hear about one deadline: the lien deadline. This guide covers the second deadline: the statute of limitations for breach of contract, which sets how long you have to file a lawsuit against the party you contracted with. It applies The Mechanics Lien Management Method: protect the short deadlines first, and know how much time the long one gives you. If your balance is small enough, the faster route may be small claims court. See our companion guide, Small Claims Court for Contractors: Limits by State.
Lien Deadline vs. Statute of Limitations: The Two Clocks
A mechanics lien is a security interest in the improved property. It lets you collect from the property even if the party that hired you is broke. Lien statutes protect owners by keeping the window short: typically 60 to 120 days after your last work to record, then a fixed period to enforce. Look up your state on the Mechanics Lien Management State System. A breach of contract claim is a personal claim against the party that owes you, whether that is the owner, the GC, or the sub above you. It doesn’t attach to the property, so it is only as good as that party’s ability to pay. But it lasts much longer, and it survives a missed lien deadline. Against The property The party that hired you Deadline Days to months 2 to 10 years Works if payer is broke? Often, yes Rarely Who can use it Any lien claimant, at any tier Only parties in the contract (plus quasi-contract theories) The practical rule: never let the long clock make you relax about the short one. Missing the lien deadline costs you your claim against the property. For what you can still do after that happens, see What Happens If You Miss a Mechanics Lien Deadline.
Breach of Contract Statute of Limitations: 50-State Table
We checked each period against the statute text. States marked † (Arkansas, Georgia, Mississippi, Tennessee) were confirmed from an unofficial copy of the code or from court opinions quoting it rather than the official code site. Sealed-instrument periods and accrual rules are not covered here. Alabama (Ala. Code § 6-2-34): written 6 years, oral 6 years. Open or unliquidated account: 3 years (§ 6-2-37). Alaska (AS 09.10.053): written 3 years, oral 3 years. One period for express and implied contracts. Arizona (A.R.S. §§ 12-548, 12-543): written 6 years, oral 3 years. Open accounts: 3 years. Arkansas † (Ark. Code §§ 16-56-111, 16-56-105): written 5 years, oral 3 years. Partial payment or written acknowledgment tolls the 5 years. California (CCP §§ 337(a), 339(1)): written 4 years, oral 2 years. Book accounts with written items: 4 years. Colorado (C.R.S. § 13-80-101(1)(a)): written 3 years, oral 3 years. 6 years for a liquidated or determinable sum (§ 13-80-103.5), the usual rule for an unpaid contract balance. Connecticut (Conn. Gen. Stat. §§ 52-576, 52-581): written 6 years, oral 3 years. The 3 years covers express oral contracts; implied contracts and accounts get 6. Delaware (10 Del. C. § 8106): written 3 years, oral 3 years. A written contract of $100,000+ can set its own period, up to 20 years. Florida (Fla. Stat. § 95.11(2)(b), (3)(j)): written 5 years, oral 4 years. Payment bond claims have their own deadlines (§§ 713.23, 255.05). Georgia † (O.C.G.A. §§ 9-3-24, 9-3-25): written 6 years, oral 4 years. 4 years also covers open accounts and unsigned contracts. Hawaii (HRS § 657-1(1)): written 6 years, oral 6 years. One period for contract debts. Idaho (Idaho Code §§ 5-216, 5-217): written 5 years, oral 4 years. Illinois (735 ILCS 5/13-206, 13-205): written 10 years, oral 5 years. A written payment or new promise restarts the 10 years. Indiana (IC 34-11-2-11, 34-11-2-7): written 10 years, oral 6 years. Written contracts for the payment of money: 6 years (34-11-2-9). An unpaid-balance suit likely falls there. Iowa (Iowa Code § 614.1(5)(a), (4)): written 10 years, oral 5 years. Kansas (K.S.A. 60-511(1), 60-512(1)): written 5 years, oral 3 years. Kentucky (KRS 413.160, 413.120(1)): written 10 years, oral 5 years. 10 years for written contracts made after July 15, 2014; older ones keep 15. Louisiana (La. C.C. art. 3499): written 10 years, oral 10 years. Open accounts and compensation for services: 3 years (art. 3494). A contractor invoice often fits there. Maine (14 M.R.S. § 752): written 6 years, oral 6 years. One period for all civil actions. Maryland (Md. Cts. & Jud. Proc. § 5-101): written 3 years, oral 3 years. Massachusetts (M.G.L. c. 260, § 2): written 6 years, oral 6 years. Michigan (MCL 600.5807(9)): written 6 years, oral 6 years. Minnesota (Minn. Stat. § 541.05, subd. 1(1)): written 6 years, oral 6 years. Except where the UCC sets another period. Mississippi † (Miss. Code §§ 15-1-49, 15-1-29): written 3 years, oral 3 years. No separate written-contract statute; the 3-year catch-all applies. Missouri (RSMo 516.110(1), 516.120(1)): written 10 years, oral 5 years. 10 years needs a writing for the payment of money; other written contracts get 5. Montana (MCA 27-2-202): written 6 years, oral 5 years. Cut from 8 to 6 years for suits filed on or after Oct. 1, 2025 (SB 143). Nebraska (Neb. Rev. Stat. §§ 25-205, 25-206): written 5 years, oral 4 years. Nevada (NRS 11.190(1)(b), (2)(c)): written 6 years, oral 4 years. Open account for goods sold: 4 years. New Hampshire (RSA 508:4(I)): written 3 years, oral 3 years. One period for personal actions, with a discovery rule. New Jersey (N.J.S.A. 2A:14-1): written 6 years, oral 6 years. Sale-of-goods contracts go to the UCC (12A:2-725). New Mexico (NMSA §§ 37-1-3(A), 37-1-4): written 6 years, oral 4 years. A written contract that is really an account may get 4. New York (CPLR 213(2)): written 6 years, oral 6 years. UCC Article 2 sales excepted. North Carolina (N.C.G.S. § 1-52(1)): written 3 years, oral 3 years. Only 2 years against a local government (§ 1-53(1)), with a 90-day post-completion fallback. North Dakota (N.D.C.C. § 28-01-16(1)): written 6 years, oral 6 years. Ohio (R.C. 2305.06, 2305.07(A)): written 6 years, oral 4 years. Both shortened June 16, 2021 (from 8 and 6). Oklahoma (12 O.S. § 95(A)(1)-(2)): written 5 years, oral 3 years. Oregon (ORS 12.080(1)): written 6 years, oral 6 years. UCC sales excepted. Pennsylvania (42 Pa.C.S. § 5525): written 4 years, oral 4 years. Construction contracts named in § 5525(a)(1); still 4 years. Rhode Island (R.I.G.L. § 9-1-13(a)): written 10 years, oral 10 years. General civil catch-all. South Carolina (S.C. Code § 15-3-530(1)): written 3 years, oral 3 years. South Dakota (SDCL § 15-2-13(1)): written 6 years, oral 6 years. Tennessee † (T.C.A. § 28-3-109(a)(3)): written 6 years, oral 6 years. Courts apply the period by the claim's main nature; property-damage claims can fall elsewhere. Texas (Tex. Civ. Prac. & Rem. §§ 16.004(a)(3), 16.051): written 4 years, oral 4 years. No written/oral distinction. Utah (Utah Code §§ 78B-2-309(1)(b), 78B-2-307(1)(a)): written 6 years, oral 4 years. Open account for labor or materials: 4 years from the last charge or payment. Vermont (12 V.S.A. § 511): written 6 years, oral 6 years. General civil catch-all. Virginia (Va. Code § 8.01-246(A)(2), (4)): written 5 years, oral 3 years. 5 years needs a writing signed by the party sued; unsigned gets 3. Washington (RCW 4.16.040(1), 4.16.080(3)): written 6 years, oral 3 years. West Virginia (W. Va. Code § 55-2-6): written 10 years, oral 5 years. 10 years needs a writing signed by the party charged; merchant accounts 5. Wisconsin (Wis. Stat. § 893.43(1)): written 6 years, oral 6 years. Wyoming (W.S. § 1-3-105(a)(i), (a)(ii)(A)): written 10 years, oral 8 years.
Six State Rules That Change the Number for an Unpaid Invoice
Colorado: 3 years, unless the amount is liquidated C.R.S. § 13-80-101 gives 3 years for contract actions. But § 13-80-103.5 gives 6 years to recover a liquidated debt or a determinable amount of money due. Colorado courts have counted a claim as determinable when the unit price is fixed, even if the quantity is disputed. A contractor suing for an unpaid balance at an agreed price usually gets 6 years. A quantum meruit claim does not. Indiana and Missouri: “for the payment of money” Indiana’s 10-year written-contract period (IC 34-11-2-11) sits next to a 6-year rule for written contracts for the payment of money (IC 34-11-2-9), and a suit for an unpaid contract price likely falls under the 6. Missouri works the other way: the 10 years in RSMo 516.110(1) applies to a writing for the payment of money, while other written contracts get 5. Louisiana: 10 years, or 3 on an open account Louisiana is a civil-law state. A personal action prescribes in 10 years (La. C.C. art. 3499), but actions on an open account and for compensation for services prescribe in 3 (art. 3494). A contractor’s unpaid invoice often fits the 3-year rule. See our Louisiana construction attorney guide. Utah and Nevada: open accounts Utah’s written-contract period is 6 years, but an open account for labor or materials gets 4 years from the last charge or payment (Utah Code § 78B-2-307). Nevada gives 4 years on an open account for goods sold (NRS 11.190(2)(a)). Virginia and West Virginia: signed by the party you sue Virginia’s 5-year period requires a writing signed by the party being sued; a written but unsigned contract gets 3 (Va. Code § 8.01-246). West Virginia’s 10 years has the same signature requirement (§ 55-2-6). A proposal the GC never countersigned may not qualify. North Carolina: 2 years against a local government North Carolina’s general contract period is 3 years, but contract claims against a local unit of government get only 2 (G.S. § 1-53(1)). For contracts to improve real property, suit can still be brought up to 90 days after substantial completion if the 2 years would otherwise bar it. On public work, the payment bond claim is usually the better route; see Little Miller Act Bond Claim Deadlines by State.
Material Suppliers: The UCC 4-Year Rule
If you sold goods, such as lumber, steel, fixtures, or HVAC equipment, your claim for the price is usually governed by Uniform Commercial Code § 2-725, not the general contract statute. Section 2-725 sets 4 years in most states, and the parties can shorten it by agreement to no less than 1 year. Several of the statutes in the table expressly hand sale-of-goods claims to the UCC, including New Jersey, New York, Oregon, Pennsylvania, and Virginia. Mixed contracts for both goods and installation are harder; courts usually ask whether the contract is mainly for goods or mainly for services. If you supply and install, calendar the shorter period. Suppliers also have their own lien rules; see the guide for material suppliers.
Oral Contracts and Handshake Deals
A lot of change-order work and small jobs happen without a signed contract. You can still sue, but the period is often shorter and the proof is harder. Build your file before you need it: Texts and emails approving the scope and the price Invoices sent and not disputed at the time Partial payments, which show the deal existed Daily logs, delivery tickets, and photos Where no contract price was ever agreed, the claim may be for the reasonable value of the work (quantum meruit or unjust enrichment), which can carry a different period. Lien rights without a written contract are covered in Can You File a Mechanics Lien Without a Written Contract?
What to Do With the Time You Have
Check the short deadlines first. Preliminary notice, lien recording, lien enforcement, and bond claim deadlines come long before the statute of limitations. Run them through the deadline calculator. If the lien window is open, use it. The lien generator builds the filing from your project facts, and property search finds the owner and legal description. Find your period in the table and check the state’s fine print for open accounts, payment-of-money rules, and signatures. Calendar the accrual date. Usually the date payment was due and not made. Use the earliest reasonable date. Send a dated demand. See our construction payment demand letter template. Pick the court. Small balances may fit small claims court; larger ones need a regular civil suit. For the full escalation sequence, see Contractor Won’t Pay Me? 9 Steps to Get Paid.
Common Mistakes
1. Treating the long clock as the only clock Years to sue does not mean years to lien. Miss the deadline and you lose your lien rights entirely. 2. Using the written period for an open account In Alabama, Louisiana, Utah, and other states, an account or an invoice for services can carry a shorter period than a written contract. 3. Assuming a partial payment resets the clock Some states restart or toll the period after a written acknowledgment or a partial payment, but the rules vary. Don’t count on it. 4. Ignoring a contractual limitations clause Some subcontracts shorten the time to sue. Delaware even lets contracts of $100,000 or more set their own period. Read the claims and disputes section.
Frequently Asked Questions
How long do I have to sue a contractor or GC for nonpayment?
It depends on the state and on whether your contract was written or oral. The statute of limitations for a written contract claim runs from 3 years (for example Alaska, Delaware, Maryland, North Carolina, South Carolina) to 10 years (for example Illinois, Iowa, Kentucky, Missouri, Rhode Island, West Virginia, Wyoming). Six years is the most common period, used in 23 states. Oral contracts often get less, as little as 2 years in California.
If I missed my mechanics lien deadline, can I still sue for payment?
Usually yes. Missing the lien deadline costs you the lien, which is your security interest in the property, but it does not erase the debt. You can still sue the party you contracted with for breach of contract, and that claim has its own, much longer statute of limitations. What you lose is the ability to collect from the property itself, which matters most when the party that owes you is broke.
What is the statute of limitations for an oral construction contract?
Oral contract periods range from 2 years in California (CCP 339) to 10 years in Louisiana and Rhode Island. Many states use 3 years, including Arizona, Arkansas, Connecticut, Kansas, Oklahoma, Virginia, and Washington. Others, such as Alabama, Michigan, Minnesota, New Jersey, New York, Tennessee, and Wisconsin, use the same 6 years for written and oral contracts. Proof is the harder problem with an oral deal, so keep texts, emails, invoices, and payment records.
Does a partial payment restart the statute of limitations?
In some states it can. Several statutes and courts treat a written acknowledgment of the debt or a partial payment as restarting or extending the limitations period. Illinois says a written payment or new promise restarts its 10-year written-contract period, and Arkansas tolls its 5-year period on a partial payment or written acknowledgment. The rules vary, so do not rely on a small payment to reset the clock without checking your state.
What is the statute of limitations for a material supplier's unpaid invoice?
A claim for the price of goods sold is generally governed by Uniform Commercial Code section 2-725, which sets 4 years in most states, not the general written-contract period. Several state statutes expressly hand sale-of-goods claims to the UCC, including New Jersey, New York, Oregon, Pennsylvania, and Virginia. Some states also have open-account rules: Utah gives 4 years for an open account for labor or materials, and Nevada 4 years for goods sold on account.
Is the statute of limitations shorter on public projects?
Sometimes. North Carolina gives only 2 years for contract claims against a local unit of government (G.S. 1-53(1)), with a fallback of 90 days after substantial completion for contracts to improve real property. Public contracts can also carry claim-procedure deadlines that run long before the statute of limitations. And on federal and state public jobs, the payment bond claim has its own short notice and suit deadlines that you should calendar first.
When does the statute of limitations start running on a construction contract?
Generally when the claim accrues, which for an unpaid contractor is usually when payment was due and was not made. Accrual rules come mostly from case law and can depend on the contract's payment terms, a final payment date, or the last item on an account, as in Utah's open-account rule that runs from the last charge or payment. Calendar the earliest reasonable date so you do not argue accrual later.