Cleveland, OH asked in Construction Law for Ohio

Q: How long do I have to file a breach of contract claim in a Cleveland-based construction law dispute?

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1 Lawyer Answer

A: The statute of limitations for a breach of oral contract claim is six years. R.C. 2305.07. "The cause of action arises when the plaintiff discovers the omission to perform as agreed in the oral contract." Aluminum Line Prods. Co. v. Brad Smith Roofing Co., 109 Ohio App.3d 246, 258, 671 N.E.2d 1343 (8th Dist.1996).

The Ohio General Assembly amended R.C. 2305.06, effective September 28, 2012, and the amended version now states in part that an action on a contract or promise in writing "shall be brought within eight years after the cause of action accrued."

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