🤔 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.
📄 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.
⏳ 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).
📅 When does the clock start?
Usually, from the date of the breach. But:
- Fraud or concealment: Time may start when the breach is discovered.
💡 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.
📚 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.
💡 Why it matters
Understanding timelines and acting strategically can protect your rights. Legal counsel ensures informed decisions and maximized outcomes.
👉 Takeaway: Don’t rush, but don’t wait too long either. Knowing the rules can make or break your case.
