Key Takeaways

  • Florida's statute of limitations is five years for written contracts and four years for oral contracts.
  • The limitation period starts when the breach occurs, not when it's discovered.
  • Some exceptions may toll or pause the statute of limitations, such as fraud or absence of the defendant from the state.
  • Claims involving specific performance must be filed within one year.
  • Businesses with installment contracts or ongoing obligations should track potential breaches closely.
  • Seeking legal guidance can ensure your claim is filed within the correct timeframe.

A Florida statute of limitations contract refers to a legal agreement that states the deadline for filing a lawsuit in Florida. The process of filing a lawsuit can be complicated and troublesome, but it can be made more equitable and predictable with the creation of a statute of limitations contract. In Florida, the statute of limitations laws are somewhat similar to those in other states, with the deadline ranging from two to four years depending on the nature of the legal case. For breach of contract, the time limit differs depending on the kind of contract.

Overview of the Statute of Limitations

The statute of limitations is the time limit or deadline within which a lawsuit must be filed. If you fail to file your lawsuit within the prescribed deadline, the lawsuit will be banned and may be dismissed. The statute of limitations was established to create fairness and predictability for individuals and businesses that wish to file lawsuits.

Those who are potentially facing a lawsuit will be notified of the lawsuit and the filing deadline instead of having it hanging over their heads for an indefinite time. Potential plaintiffs are required to decide whether they should file a lawsuit within the time limit.

When Does the Timeframe for Filing a Lawsuit Begin?

According to the statute of limitations, the timeframe for filing a lawsuit starts from the time of accrual of the cause of action. In the event of a contract breach, the cause of action arises and the timeframe for the statute of limitations starts running from the time the contract is broken.

Contract law is complicated and may sometimes lead to severe consequences. Therefore, it is essential that you get an attorney to draft or review your contracts to make sure that your rights are protected.

Civil Statute of Limitations in Florida

Florida has largely the same civil statute of limitations laws as other states. Its statute of limitations may be between two and four years, depending on the kind of lawsuit and the procedures involved. The following is a summary of Florida's statute of limitations for different kinds of civil cases:

  • Libel or slander – two years
  • Injury to person – four years
  • Injury to personal property – four years
  • Fraud – four years
  • Trespass – four years
  • Professional negligence or malpractice – two years
  • Medical malpractice – two to four years
  • Collection of rent – none
  • Collection of debt on an account – none
  • Breach of contract – five years for a written contract, four years for an oral contract, and one year for specific performance
  • Judgment – 20 years for a domestic judgment and five years for a foreign judgment

Statute of Limitations for Contract Breach in Florida

According to the Florida Statutes, the statute of limitations for most breach of contract lawsuits is five years.  This means that if the non-breaching party takes more than five years to file a lawsuit after the breach occurred, the breaching party can use a statute of limitations defense to have the lawsuit dismissed. Nonetheless, it is important to note that the statute of limitations may differ from one contract to another.

When a written contract is broken, the timeframe for filing a lawsuit is usually five years. On the other hand, a legal action that is based on the breach of an oral contract must be brought within four years. If the non-breaching party chooses to request specific performance, he or she is required to file the lawsuit within a year of the contract breach.

The statute of limitations serves to prevent plaintiffs from delaying the enforcement of their legal rights and reduce the risk of injustice. In order to know if the statute of limitations has expired or the amount of time left to file a lawsuit, a potential plaintiff has to first determine the time the statue of limitations began. Generally, the statute of limitations starts when the cause of action arises. For a contract breach, the timeframe for filing a lawsuit starts at the time when the breach occurred.  

If a contract requires a party to make a one-time delivery of products or one lump-sum payment, it is easier to ascertain the time the alleged breach occurred and the expiration date of the statute of limitations. Things get more complicated if the lawsuit is based on an installment contract, which requires goods to be delivered in separate lots or payments to be made in separate increments.

Practical Tips for Plaintiffs

Here are a few actionable tips to help ensure timely filing of a breach of contract claim:

  1. Document Everything: Keep clear records of all agreements, communications, and payments.
  2. Mark Key Dates: Note when the contract was signed, when the breach occurred, and when each installment (if any) was due.
  3. Don’t Delay: File sooner rather than later. Waiting too long could jeopardize your rights—even if you're negotiating.
  4. Consult an Attorney: A contract attorney can determine when the statute begins and if any tolling provisions apply.
  5. Watch for Accrual Nuances: Some claims may involve continuous breaches or unclear breach dates, especially with performance-based obligations.

Taking these steps early can significantly improve your chances of successfully recovering damages or enforcing a contract.

Florida Statutory References for Breach of Contract

Florida’s statute of limitations for contract actions is codified under the Florida Statutes Chapter 95, specifically:

  • Section 95.11(2)(b): Actions based on a written contract must be commenced within five years.
  • Section 95.11(3)(k): Actions based on an oral contract must be filed within four years.
  • Section 95.11(6): Actions seeking specific performance must be brought within one year.

Understanding these statutory provisions is crucial for plaintiffs and businesses when assessing whether they can still bring a claim. A simple oversight in interpreting these timelines can lead to a loss of legal rights.

Breach of Installment Contracts

Installment contracts involve multiple payments or deliveries over time. In Florida, each missed installment can give rise to a new breach—and potentially a new limitations period.

For example:

  • If a party fails to make monthly payments under a loan agreement, the statute of limitations for each missed payment may start on the date that payment was due.
  • If the non-breaching party accelerates the contract (i.e., demands all future payments immediately), the statute may begin from the date of acceleration.

This makes monitoring ongoing contracts essential. It also means that not all missed payments may be recoverable, especially if too much time has passed since earlier breaches.

What Happens if You Miss the Deadline?

If a party attempts to file a breach of contract lawsuit in Florida after the statute of limitations has expired, the court will typically dismiss the case. The breaching party can raise the statute of limitations as an affirmative defense, which, if successful, bars the claim entirely.

However, not all hope is lost. A court may consider factors such as:

  • Whether there was a valid reason the claimant didn’t file on time (e.g., tolling due to concealment).
  • Whether a new agreement was formed or acknowledged, which could restart the limitation period.

Still, late filings are difficult to overcome. It's always best to act promptly and seek legal advice as soon as a breach is suspected.

Tolling the Statute of Limitations in Breach of Contract Cases

In some cases, the statute of limitations may be “tolled,” meaning the clock is paused or extended. This can occur under the following circumstances:

  • Fraud or Concealment: If the party committing the breach took active steps to conceal it, the statute may not begin until the breach is discovered.
  • Defendant’s Absence: If the breaching party is out of the state or cannot be found, the statute of limitations may be tolled until they return or can be located.
  • Minority or Legal Disability: If the injured party is a minor or legally incapacitated at the time of the breach, the statute may be tolled until the disability is removed.
  • Bankruptcy Stays: If the breaching party files for bankruptcy, the statute may be paused during the automatic stay period.

These exceptions are narrowly applied, so consulting with a Florida contract attorney is critical to evaluate whether tolling may apply in your case.

Frequently Asked Questions

  1. What is the statute of limitations for a breach of contract in Florida?
    Five years for written contracts, four years for oral contracts, and one year if the plaintiff seeks specific performance.
  2. Does the statute of limitations start when the breach occurs or when I discover it?
    Generally, it starts when the breach occurs—not when it is discovered—unless tolling applies due to fraud or concealment.
  3. Can I still sue if I missed the statute of limitations?
    Usually not, unless a valid exception like tolling or a revived agreement applies. Courts strictly enforce filing deadlines.
  4. What is tolling and how does it work in Florida?
    Tolling pauses the statute of limitations. It can occur due to fraud, concealment, legal disability, or bankruptcy proceedings.
  5. How does the statute of limitations apply to installment contracts?
    Each missed payment may trigger its own limitations period unless the contract is accelerated, in which case the timeline begins from the date of acceleration.

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