π€ Think before you sue
If someone breaches your contract, don't rush to file a lawsuit. Businesses, especially, may benefit from waiting. Timing is key.
π Why wait?
- Lack of evidence: Filing too soon might leave you without the proof needed for a strong case.
- Urgent harm?: If the breach is harming your business now, act quickly—possibly with a temporary injunction.
β³ Statute of Limitations: Know Your Deadline
This legal term refers to how long you have to sue after a breach. In Minnesota:
- Written & Oral Contracts: 6 years
- Sale of Goods: 4 years (under the UCC)
- Shorter limits: Contracts can specify shorter timeframes (not under a year).
π
When does the clock start?
Usually, from the date of the breach. But:
- Fraud or concealment: Time may start when the breach is discovered.
π‘ Checklist: Filing a Breach of Contract Lawsuit
- Type of Contract: Written is easier to enforce.
- Preserve Evidence: Gather communication records, receipts, and witness details early.
- Act Proactively: Waiting too long risks losing key evidence.
- Consider Tolling: Minnesota allows pauses in some cases, like fraud or legal disability.
π Example
A Minneapolis business owner contracts a supplier for monthly deliveries. After three months, the supplier stops without notice. The owner switches suppliers after two months but wants compensation.
- They have 6 years to file a claim for the breach.
- Waiting too long (past six years) means forfeiting legal recourse.
π‘ Why it matters
Understanding timelines and acting strategically can protect your rights. Legal counsel ensures informed decisions and maximized outcomes.
π Takeaway: Don’t rush, but don’t wait too long either. Knowing the rules can make or break your case.
