Breach of Contract Statute of Limitations in Massachusetts

Last verified 2026-07 · Source: Mass. Gen. Laws ch. 260, § 2 ✓ verified · 3 sources

The deadline

6 years

from Date cause of action accrues (date of breach or date of discovery under the discovery rule), under Mass. Gen. Laws ch. 260, § 2.

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Massachusetts law sets a hard deadline of 6 years to file a breach of contract lawsuit. The controlling statute is Mass. Gen. Laws ch. 260, § 2, and the clock generally starts on Date cause of action accrues (date of breach or date of discovery under the discovery rule). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.

Massachusetts Deadlines for Related Claims

When the Clock Starts

In Massachusetts, the limitations period for breach of contract claims generally begins on Date cause of action accrues (date of breach or date of discovery under the discovery rule). Massachusetts recognizes a discovery rule for this claim type: Massachusetts courts apply the discovery rule; the limitations period begins when the plaintiff knew or reasonably should have known of the breach

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Exceptions That Can Extend the Deadline

6-year period under Ch. 260 § 2 applies to both written and oral contract actions. Minor and incapacitated person tolling under Ch. 260 § 7 tolls the period during minority or mental incapacity. Contract actions for personal injury have a shorter 3-year period under Ch. 260 § 2A.

Source: Mass. Gen. Laws ch. 260, § 2, official Massachusetts statute · verified 2026-07

What to Do Before the Deadline Runs

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

How Massachusetts Compares to Nearby States

StateDeadlineStatute
Massachusetts6 yearsMass. Gen. Laws ch. 260, § 2
New York 6 yrs N.Y. C.P.L.R. § 213(2)
Vermont 6 yrs 12 V.S.A. § 511
New Hampshire 3 yrs N.H. Rev. Stat. Ann. § 508:4
Connecticut 6 yrs Conn. Gen. Stat. § 52-576
Rhode Island 10 yrs R.I. Gen. Laws § 9-1-13

Frequently Asked Questions

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

You have 6 years from Date cause of action accrues (date of breach or date of discovery under the discovery rule), under Mass. Gen. Laws ch. 260, § 2.

Can I still sue after 6 years in Massachusetts?

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 Massachusetts?

Yes. Massachusetts courts apply the discovery rule; the limitations period begins when the plaintiff knew or reasonably should have known of the breach

What if the victim was a minor?

Massachusetts 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.

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Sources

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