Breach of Contract Statute of Limitations in North Dakota
Last verified 2026-07 · Source: N.D. Cent. Code § 28-01-16(1) ✓ verified · 3 sources
The deadline
6 years
from When the claim for relief accrues (typically date of breach), under N.D. Cent. Code § 28-01-16(1).
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North Dakota law sets a hard deadline of 6 years to file a breach of contract lawsuit. The controlling statute is N.D. Cent. Code § 28-01-16(1), and the clock generally starts on When the claim for relief accrues (typically date of breach). Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
North Dakota Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 6 years | N.D. Cent. Code § 28-01-16(1) |
| Car Accident | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Credit Card Debt | 6 yrs | N.D. Cent. Code § 28-01-16(1) |
| Medical Malpractice | 2 yrs | N.D.C.C. § 28-01-18(3) |
| Wrongful Death | 2 yrs | N.D. Cent. Code § 32-21-02 |
| Personal Injury | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Dog Bite | 6 yrs | N.D. Cent. Code § 28-01-16 |
| Slip and Fall | 6 yrs | N.D. Cent. Code § 28-01-16(5) |
| Defamation | 2 yrs | N.D.C.C. § 28-01-18 |
| Medical Debt | 6 yrs | N.D.C.C. § 28-01-16(1) |
When the Clock Starts
In North Dakota, the limitations period for breach of contract claims generally begins on When the claim for relief accrues (typically date of breach). North Dakota recognizes a discovery rule for this claim type: North Dakota applies the discovery rule; accrual may be delayed when the nature of the breach makes it not reasonably discoverable at the time it occurs
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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.
- Government-claim trap: Claims against state entities require compliance with ND notice provisions under N.D. Cent. Code § 32-12.1 (State Tort Claims Act); pure contract claims against state agencies generally follow standard SOL
Same 6-year SOL applies to both written and oral contracts under NDCC § 28-01-16(1) ('express or implied' contracts). Real property conveyance/mortgage contracts: 10-year SOL under NDCC § 28-01-15. Minor tolling under N.D. Cent. Code § 28-01-25.
Source: N.D. Cent. Code § 28-01-16(1), official North Dakota 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 North Dakota 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 North Dakota Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| North Dakota | 6 years | N.D. Cent. Code § 28-01-16(1) |
| Minnesota | 6 yrs | Minn. Stat. § 541.05, subd. 1(1) |
| South Dakota | 6 yrs | SDCL § 15-2-13 |
| Montana | 8 yrs | Mont. Code Ann. § 27-2-202(1) |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in North Dakota?
You have 6 years from When the claim for relief accrues (typically date of breach), under N.D. Cent. Code § 28-01-16(1).
Can I still sue after 6 years in North Dakota?
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 North Dakota?
Yes. North Dakota applies the discovery rule; accrual may be delayed when the nature of the breach makes it not reasonably discoverable at the time it occurs
What if the victim was a minor?
North Dakota 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.
Is the deadline different for claims against the government?
Claims against state entities require compliance with ND notice provisions under N.D. Cent. Code § 32-12.1 (State Tort Claims Act); pure contract claims against state agencies generally follow standard SOL
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Sources
- Official N.D. Cent. Code Chapter 28-01 — Time for Commencing Actions (ND Legislative Branch, PDF)
- Corroborating North Dakota Century Code § 28-01-16 (Justia)
- Corroborating N.D. Cent. Code § 28-01-16 (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 North Dakota attorney.