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Monday, March 24, 2014

Ind. Law - "The Confusing Status of the Indiana Statute of Limitations for Breach of Written Contracts"

Michael Ray Smith, an Indianapolis attorney, has an interesting post at Indiana Business Law Blog on what statute of limitations is applicable in a dispute with a construction contractor after a number of years have passed. A sample:

It has been more than six years, but less than ten, since the addition to your house was finished and you noticed the problem with the shingles. Which statute applies?

Certainly your construction contract called for the payment of money, but don't most contracts do that? Is every contract that requires payment of money subject to the six-year statute of limitations, regardless of the rest of the contract? If so, that leaves the ten-year statute of limitations to cover only those contracts that do not involve the payment of money at all. On the other hand, maybe the idea is that the six-year statute of limitation covers contracts that do not involve anything other than the payment of money.

Surprisingly, there are very few published Indiana court decisions that address the question of which written contracts are covered by the six-year statute of limitations and which are covered by the ten-year statute, even though those statutes originated in 1881.

Posted by Marcia Oddi on March 24, 2014 03:17 PM
Posted to Indiana Law