Mich. Comp. Laws § 600.5807
Breach of Contract - Written
Failure to follow the terms of a written agreement.
Statute of Limitation in Michigan
The statute of limitations for filing a breach of a written contract claim in Michigan is typically six years from the date of the breach.
Deadline Calculator
Exceptions & Conditions
An exception occurs if the parties acknowledge the contract or the obligation in writing; this can reset the statute of limitations. Additionally, if there is fraudulent concealment related to the breach, this may also affect the filing period. Contact an attorney.
Example Scenario
If a breach of a written contract occurs on February 1, 2023, the claim must be filed by February 1, 2029.
Understanding Statutes of Limitations in Michigan
The statute of limitations for breach of contract - written in Michigan acts as a critical deadline for filing a civil lawsuit. This legal time limit is established by Michigan state law to ensure disputes are resolved promptly while evidence is fresh and witnesses are available.
What happens if you miss the deadline?
If you attempt to file a lawsuit for breach of contract - written after the 6-years period has expired, the defendant will likely file a motion to dismiss the case. In Michigan, courts generally enforce these time limits strictly. Once the statute of limitations has passed, you typically lose your legal right to pursue compensation or remedy for the specific incident, regardless of the merits of your case.
When does the "clock" start ticking?
Generally, the clock begins on the date the cause of action accrues—often the date of the incident (e.g., the date of the accident or breach of contract). However, Michigan law may include a "discovery rule," which delays the start of the timer until the injured party discovers, or reasonably should have discovered, the injury or damage.
Why do these laws exist?
Statutes of limitations in Michigan serve to protect defendants from unfair prosecution for stale claims where evidence may have been lost over time. They also provide certainty for businesses and individuals, knowing that after a set number of years (6 years in this instance), potential liability is extinguished.
Can this be resolved in Michigan Small Claims court?