September 20, 2012 -
Effective September 28, 2012, Ohio Revised Code (ORC) Section 2305.06 has been changed to provide for a statute of limitations of eight years on claims based on breach of a written contract. This change was made when the Ohio General Assembly enacted and Governor Kasich signed Senate Bill 224.
Written contract claims affected include those that accrue from September 28, 2012, going forward and written contract claims that accrued on or after September 28, 2005, up until September 27, 2012. For those claims accruing between the period September 28, 2005, and September 27, 2012, they must be filed by September 28, 2020, or they will be time-barred.
The statutory change reaches back to address written contract claims accruing between September 28, 2005, and September 28, 2012, to avoid the harsh result of eliminating claims that accrued under the prior statute of limitations and to avoid the uncertainty claimants may have regarding whether a 15-year or an eight-year statute of limitations applies.
For additional information and discussion on this topic, please get in touch with your regular Calfee contact or one of the Construction attorneys listed below:
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