As much as we may try to avoid them, disputes happen. If you find yourself or your business involved in a dispute or other situation which could give rise to a claim, it is important to take steps to protect your legal rights. One step is to confirm deadlines you may have to pursue a formal claim. Below are limitations periods for common civil claims under Georgia law:
· Breach of written contract: 6 years (O.C.G.A. § 9-3-24)
· Breach of oral contract: 4 years (O.C.G.A. § 9-3-26)
· Unjust enrichment / quantum meruit: 4 years (O.C.G.A. § 9-3-26)
· Negligent construction: 4 years from substantial completion of work (not discovery of defect) (O.C.G.A. § 9-3-30)
· Fraud: 4 years (O.C.G.A. § 9-3-30)
· Defamation (including libel and slander): 1 year from date on which defamatory statement made (O.C.G.A. § 9-3-33)
· Injury to property (including property damage): 4 years (O.C.G.A. § 9-3-32)
· Violations of Fair Business Practices Act: 2 years after person knew or should have known of alleged violation (O.C.G.A. § 10-1-401)
· Breach of warranty under UCC: 4 years (O.C.G.A. § 11-2-725)
· Collection of debt on account: 4 years (O.C.G.A. § 9-3-25)
· Actions on judgments obtained outside Georgia: 5 years from date on which judgment obtained, except judgments for child support or spousal support (O.C.G.A. § 9-3-20)
Depending on the claim and circumstances, nuances may apply to alter the general limitations periods. Please contact us if you would like help in determining what limitations period may apply to a claim or assistance with a dispute.
