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What is the Statute of Limitations for Breach of Contract?

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You are in the restaurant business. You enter into a contract with a supplier to provide you with your restaurant’s seafood.  You shake hands and sign the contract.  You went on with your business until the supplier missed out on his quota of seafood. As a result, you have to tell your customers that some of their favorite dishes are “NOT AVAILABLE.”  You then consider taking legal action against your supplier for breach of contract.

When you file a case, whether civil or criminal, the law gives you a deadline to do so. This deadline varies from state to state and from one type of case to another.  In California, the time frame for filing charges against a person for breach of contract is four years, if the contract is written.  The deadline is two years if the contract is oral.

The deadline is known as a statute of limitations.  Nearly every legal claim has a statute of limitations. Some are as short as thirty (30) days. Others may be longer. The concept of statute of limitation came about after World War II and the war crimes trial of Nazi officers. The statute of limitations for war crimes is rather long.  Still, prosecutors had to work against the clock and the calendar to locate the war criminal and file charges.

The case of the Nazi war criminals may be an example of why there is a statute of limitations in the first place. With mandated time frames, prospective plaintiffs are compelled to act with urgency and diligence in pursuing their claims. If an aggrieved party takes too long to pursue his claims they may be barred.

Thus, if you feel aggrieved or you believe your rights were violated, the first thing you have to do is consult your business law attorney as soon as you can. He will tell you the time frame you have for filing your case. It is also possible that your lawyer may even suggest that you settle the case rather than go to court.

If you feel you have been the victim of a breach of contract claim, contact us today.

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About Lenden F. Webb

Lenden F. Webb is an experienced litigator and trial attorney representing companies and their principals in 93 jury trials, bench trials and arbitrations in 14 California counties spanning over 304 days. Mr. Webb handles civil litigation matters, including real property disputes, breach of contract and business disputes, along with various employment and general contract concerns. Mr. Webb received his law degree from California Western School of Law where he was a twice-published member of Law Review at Cal Western as well as Columbia Law School. Before establishing his law office in 2008, Mr. Webb was a partner at one of the older law firms in California. Mr. Webb serves as a paneled mediator for two California County Superior Courts and as Judge Pro Tem for the Superior Court of California. Lenden Webb holds a MBA from the University of Redlands. He finished the Honors curriculum while earning his Bachelor’s degree from Walla Walla University. Mr. Webb has been named as a California Super Lawyer® and Rising Star® eight times since 2012. With a notable track record in class actions, Mr. Webb has been court-approved as class counsel in over 30 cases. He has achieved several notable trial victories as class counsel including a verdict awarded “trial of the month” by the San Diego County Bar Association. Mr. Webb has led his clients to victory in both state and federal trial and appellate courts across the nation, including the Second, Fourth and Fifth District Courts of Appeal in California, U.S. Court of Appeals for the Federal Circuit, the United States Ninth and Tenth District Court of Appeals and writs of certiorari in multiple cases lodged with the U.S. Supreme Court.