Breach of Contract Statute of Limitations in Maryland

Last verified 2026-07 · Source: Md. Code Ann., Cts. & Jud. Proc. § 5-101 ✓ verified · 3 sources

The deadline

3 years

from Date the civil action accrues (typically date of breach); discovery rule may delay accrual, under Md. Code Ann., Cts. & Jud. Proc. § 5-101.

Maryland law sets a hard deadline of 3 years to file a breach of contract lawsuit. The controlling statute is Md. Code Ann., Cts. & Jud. Proc. § 5-101, and the clock generally starts on Date the civil action accrues (typically date of breach); discovery rule may delay accrual. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

Maryland Deadlines for Related Claims

Claim type	Deadline	Statute
Breach of Contract	3 years	Md. Code Ann., Cts. & Jud. Proc. § 5-101
Car Accident	3 yrs	Md. Code, Cts. & Jud. Proc. § 5-101
Credit Card Debt	3 yrs	Md. Code, Courts & Judicial Proceedings § 5-101
Medical Malpractice	3 yrs	Md. Code, Cts. & Jud. Proc. § 5-109(a)
Wrongful Death	3 yrs	Md. Code, Cts. & Jud. Proc. § 3-901 through § 3-904
Personal Injury	3 yrs	Md. Code, Cts. & Jud. Proc. § 5-101
Dog Bite	3 yrs	Md. Code Ann., Courts & Jud. Proc. § 3-1901
Slip and Fall	3 yrs	Md. Code Ann., Cts. & Jud. Proc. § 5-101
Defamation	1 yr	Md. Code Ann., Cts. & Jud. Proc. § 5-105
Medical Debt	3 yrs	Md. Code, Cts. & Jud. Proc. § 5-101

When the Clock Starts

In Maryland, the limitations period for breach of contract claims generally begins on Date the civil action accrues (typically date of breach); discovery rule may delay accrual. Maryland recognizes a discovery rule for this claim type: Maryland applies a discovery rule under which the cause of action accrues when the plaintiff knew or reasonably should have known of facts sufficient to support the claim

Exceptions That Can Extend the Deadline

Minors: the clock is generally paused while the injured person is under 18.
Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
Defendant leaves the state: absence can pause the clock in many circumstances.

3-year period applies to both written and oral contracts as the general civil action limitation. Minor tolling under CJP § 5-201 allows minors up to 3 years after disability is removed; statute does not extend periods that already exceed 3 years. Imprisonment, absence from state, and marriage are not tolling disabilities.

Source: Md. Code Ann., Cts. & Jud. Proc. § 5-101, official Maryland statute · verified 2026-07

What to Do Before the Deadline Runs

Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
Send preservation/notice letters where required (especially for Maryland government defendants).
If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.

How Maryland Compares to Nearby States

State	Deadline	Statute
Maryland	3 years	Md. Code Ann., Cts. & Jud. Proc. § 5-101
Virginia	5 yrs	Va. Code Ann. § 8.01-246
West Virginia	10 yrs	W. Va. Code § 55-2-6
Pennsylvania	4 yrs	42 Pa.C.S. § 5525(a)(8)
Delaware	3 yrs	Del. Code tit. 10 § 8106
District of Columbia	3 yrs	D.C. Code § 12-301(7)

Frequently Asked Questions

How long do I have to file a breach of contract lawsuit in Maryland?

You have 3 years from Date the civil action accrues (typically date of breach); discovery rule may delay accrual, under Md. Code Ann., Cts. & Jud. Proc. § 5-101.

Can I still sue after 3 years in Maryland?

Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.

Does the discovery rule apply to breach of contract claims in Maryland?

Yes. Maryland applies a discovery rule under which the cause of action accrues when the plaintiff knew or reasonably should have known of facts sufficient to support the claim

What if the victim was a minor?

Maryland generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.

Sources

Official Maryland Courts and Judicial Proceedings § 5-101 — Three-Year Limitation in General (mgaleg.maryland.gov)
Corroborating 2025 Maryland Code, Courts and Judicial Proceedings § 5-101 :: Justia
Corroborating Maryland Code, Courts and Judicial Proceedings § 5-101 :: FindLaw
Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify

This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Maryland attorney.