Written Contract · Statute of Limitations
Deadline to Sue Over a Contract in Maryland
How long you have to sue over a broken written contract in Maryland, the statute of limitations, plus when the clock starts, the shorter deadline for oral contracts, and the four-year UCC rule for a sale of goods. Cited to the statute.
How the deadline works in Maryland
When the clock starts, whether a discovery rule can delay it, and the deadlines that differ for oral contracts and a sale of goods.
| How the clock works | In Maryland | What it means |
|---|---|---|
| Standard deadline | 3 years | The general limitations period to file a written-contract claim. |
| Statute | Md. Code, Cts. & Jud. Proc. §5-101 | The controlling statute for the limitations period. Read the full text through the source link below. |
When it starts
The three years generally runs from when the cause of action accrues, which for a broken contract is usually the breach. Maryland does apply a general discovery rule, so the clock can start when the plaintiff knew or reasonably should have known of the wrong.
Discovery rule Yes
Yes. Maryland applies a general discovery rule to civil actions, so a cause of action accrues when the plaintiff knows or reasonably should know of the wrong. This can delay the start of the three-year period for a breach that was not reasonably knowable.
Statute of repose: None
No general statute of repose for ordinary contracts. The three-year period under §5-101 runs from accrual, subject to the discovery rule. Improvements to real property carry their own outer limits under separate provisions, but those are not the general contract clock.
| Deadlines that can differ | Period | What it means |
|---|---|---|
| Oral contract | 3 years | Maryland does not shorten oral contracts relative to ordinary written ones. The general three-year period in §5-101 applies to both, so a plain written contract and an oral one usually carry the same deadline. |
| Specialty or contract under seal | 12 years | A specialty, including a contract under seal, carries twelve years under Md. Code, Cts. & Jud. Proc. §5-102, four times the general period. Whether a writing counts as under seal can decide the deadline, so this is the single biggest trap in Maryland. |
| Sale of goods (UCC) | 4 years | A contract for the sale of goods runs on Md. Code, Com. Law §2-725: four years from when the breach occurs, with warranty claims accruing at delivery regardless of your knowledge. Parties may agree to shorten it to no less than one year but may not extend it. |
What you can do right now
Concrete, neutral steps if a contract was broken in Maryland and the clock is running. This is legal information, not legal advice.
- Check whether the contract is under seal
This is the first question in Maryland. An ordinary written contract carries three years under §5-101, but a specialty or contract under seal carries twelve under §5-102. The word "seal" or similar language near the signatures can quadruple your deadline.
- Fix the accrual date
Maryland generally starts the three years at the breach, but a general discovery rule can delay the start until you knew or should have known of the wrong. Pin down both the breach date and when you learned of it.
- If goods were sold, check the UCC clock
A sale of goods runs on Md. Code, Com. Law §2-725, a four-year rule that accrues at delivery for warranty claims. Confirm whether your deal is a sale of goods rather than a services or general contract.
- Talk to a Maryland attorney before the deadline
Whether the three-year or twelve-year period applies, and when your claim accrued under the discovery rule, turn on your facts. A licensed Maryland attorney can confirm your exact deadline, and the Maryland State Bar Association can refer you to one.
This is general legal information, not legal advice. Deadlines turn on the specific facts of your case, and exceptions cut both ways, so confirm your date with a licensed attorney before relying on it.
What Maryland contract claimants get wrong
Maryland surprises people because the usual written-versus-oral split barely matters here. An ordinary written contract and an oral one both carry three years under Md. Code, Cts. & Jud. Proc. §5-101, one of the shorter general periods in the country. What changes the deadline is not whether the deal is written but whether it is under seal. A specialty or contract under seal carries a full twelve years under §5-102, four times the ordinary period. So a document with a seal or the right sealing language can stay enforceable long after a plain written version would be dead. The three years generally runs from the breach, but Maryland applies a general discovery rule, so the clock can start when you knew or reasonably should have known of the wrong. A sale of goods runs on its own four-year rule in Com. Law §2-725. If a breach is aging, read the document for a seal and pin down when you learned of the problem first.
Common questions
What is the statute of limitations on a written contract in Maryland?
Three years from accrual, under Md. Code, Cts. & Jud. Proc. §5-101, the general civil period. An ordinary written contract and an oral one both carry the same three years.
Why do some Maryland contracts get twelve years?
Because a specialty or contract under seal carries twelve years under §5-102, four times the general period. Whether a writing counts as under seal can decide whether you have three years or twelve.
Does the three-year clock start at the breach or when I found out?
It can be either. Maryland applies a general discovery rule under §5-101, so the clock can start when you knew or reasonably should have known of the wrong rather than at the breach itself.
Is a contract to buy goods still three years in Maryland?
No, it is four years under the UCC. A sale of goods is governed by Md. Code, Com. Law §2-725, a four-year period that accrues at delivery for warranty claims regardless of your knowledge. Parties can shorten it to no less than one year.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.