Delaware Statute of Limitations for Written Contracts
In Delaware, the statute of limitations for written contracts is 3 years. After this period, a lawsuit based on this type of claim is generally time-barred.
Data last updated: Apr 16, 2026Key Takeaways
- Time limit: 3 years from accrual.
- Statute: Del. Code tit. 10, § 8106.
- Accrues on the date of breach.
What are written contracts claims?
Claims arising from a written agreement, including promissory notes, leases, and purchase contracts.
Details
Accrues on the date of breach.
General Delaware Rules
Delaware has relatively short statutes of limitations, with 3 years for contract claims and 2 years for personal injury. The discovery rule applies to fraud and medical malpractice claims. Delaware also has a robust body of case law on tolling doctrines given its prominence as a corporate jurisdiction.
Other Statutes of Limitations in Delaware
Written Contracts in Other States
Frequently Asked Questions
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What is the statute of limitations for written contracts in Delaware?
The statute of limitations for written contracts in Delaware is 3 years. Citation: Del. Code tit. 10, § 8106.
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When does the clock start for written contracts in Delaware?
Accrues on the date of breach.
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Can the statute of limitations for written contracts be extended in Delaware?
In some cases, yes. Tolling provisions may apply for minors, persons with incapacity, or when the defendant is absent from the state. The discovery rule may also delay the start of the statute. Consult an attorney for your specific situation.