Breach of Contract Statute of Limitations in Utah
Last verified 2026-07 · Source: Utah Code Ann. § 78B-2-309 ✓ verified · 3 sources
The deadline
6 years
from Date of breach, under Utah Code Ann. § 78B-2-309.
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The deadline to file a breach of contract lawsuit in Utah is 6 years, set by Utah Code Ann. § 78B-2-309. It starts running on Date of breach. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Utah Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Breach of Contract | 6 years | Utah Code Ann. § 78B-2-309 |
| Car Accident | 4 yrs | Utah Code § 78B-2-307(4) |
| Credit Card Debt | 4 yrs | Utah Code § 78B-2-307(1) |
| Medical Malpractice | 2 yrs | Utah Code § 78B-3-404 |
| Wrongful Death | 2 yrs | Utah Code § 78B-2-304 |
| Personal Injury | 4 yrs | Utah Code Ann. § 78B-2-307 |
| Dog Bite | 4 yrs | Utah Code Ann. § 18-1-1; SOL: § 78B-2-307 |
| Slip and Fall | 4 yrs | Utah Code Ann. § 78B-2-307(3) |
| Defamation | 1 yr | Utah Code Ann. § 78B-2-302 |
| Medical Debt | 6 yrs | Utah Code § 78B-2-309 |
When the Clock Starts
In Utah, the limitations period for breach of contract claims generally begins on Date of breach. Utah does not apply a general discovery rule to this claim type — the date of the event controls, which makes early action critical.
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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: Notice of claim within 1 year of loss required under Utah Governmental Immunity Act § 63G-7-401 for claims against governmental entities.
6-year period for written (instrument in writing) contracts under § 78B-2-309(2). Oral (unwritten) contracts: 4 years under § 78B-2-307(1)(a) ('contracts not in writing, either express or implied'). Minor tolling: § 78B-2-108.
Source: Utah Code Ann. § 78B-2-309, official Utah 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 Utah 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 Utah Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Utah | 6 years | Utah Code Ann. § 78B-2-309 |
| Idaho | 5 yrs | Idaho Code § 5-216 |
| Wyoming | 10 yrs | Wyo. Stat. § 1-3-105 |
| Colorado | 3 yrs | Colo. Rev. Stat. § 13-80-101(1)(a) |
| New Mexico | 6 yrs | NMSA 1978, § 37-1-3 |
| Arizona | 6 yrs | Ariz. Rev. Stat. § 12-548 |
| Nevada | 6 yrs | Nev. Rev. Stat. § 11.190(1)(b) |
Frequently Asked Questions
How long do I have to file a breach of contract lawsuit in Utah?
You have 6 years from Date of breach, under Utah Code Ann. § 78B-2-309.
Can I still sue after 6 years in Utah?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
What if the victim was a minor?
Utah 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?
Notice of claim within 1 year of loss required under Utah Governmental Immunity Act § 63G-7-401 for claims against governmental entities.
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Sources
- Official Utah Code Ann. § 78B-2-309 – Utah State Legislature
- Corroborating Utah Code § 78B-2-309 – Justia
- Corroborating Utah Code § 78B-2-309 – 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 Utah attorney.