Ohio Statute of Limitations: Understanding Breach of Written Contract

When two parties enter into a written agreement, they expect the terms of the contract to be upheld. Unfortunately, breaches of written contracts occur more often than we would like. But what happens when a breach occurs? How long do parties have to take legal action in the state of Ohio? This is where the Ohio statute of limitations comes into play.

What is a Breach of Written Contract?

A breach of a written contract occurs when either one or both parties fail to fulfill the obligations stated within the contract. The breach can be minor, such as a late payment, or more serious, such as failing to deliver goods or services as agreed upon. When a breach occurs, the non-breaching party has several options, including seeking damages or specific performance, which is a court order requiring the breaching party to uphold their obligations.

Ohio Statute of Limitations for Breach of Written Contract

The Ohio statute of limitations for breach of a written contract is eight years. This means that a non-breaching party has up to eight years from the date of the breach to seek legal action. After eight years, the non-breaching party loses their right to sue for damages or specific performance.

It`s important to note that the clock starts ticking on the statute of limitations from the date of the breach, not from the date the contract was signed. This is why it`s crucial for both parties to keep track of important dates, such as payment due dates and the delivery of goods or services.

Exceptions to the Ohio Statute of Limitations

While the Ohio statute of limitations is generally eight years for breach of a written contract, there are some exceptions to this rule. For example, if the contract includes an expiration date that is less than eight years from the date of the breach, the non-breaching party has until the expiration date to seek legal action.

Another exception to the Ohio statute of limitations is if the contract includes a clause that extends the statute of limitations. This is a common practice in some industries where contracts involve complex negotiations or lengthy projects.

Conclusion

In conclusion, understanding the Ohio statute of limitations for breach of a written contract is crucial for both parties involved. It`s essential to keep track of important dates, to ensure that you don`t miss your window of opportunity to take legal action. If you are facing a breach of a written contract, it`s always best to seek legal advice and take action as soon as possible to protect your rights and interests.