When doesa statute of limitations start to run?
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When doesa statute of limitations start to run?
The Texas Civil Practice & Remedies Code provides a 4-year limitations period for types of debt. The SoL begins after the day the cause of action accrues. What does that actually mean? Does the statue of limitation on a residential remodel begin the day after the job is completed or does it begin the day after a dispute between contractor and home owner on what the final sum of monies is due.
Asked on July 22, 2010 under Bankruptcy Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
For a cause of action or lawsuit based in debt or breach of contract, the statute of limitations would start it run when the debt is past due (has not been paid by when it should have been; if it's an installment debt, the statute would start when the first installment is not paid properly), or if its a contractual dispute, when the breach or violation of the contract occured. The completion date of a remodeling job might be relevant to a contractual dispute, if the breach is that the remodeling was not completed correctly; however, if the dispute is relating to payment, the statute of limitions probably starts running when the homeowner does not pay the contractor per the contract or some invoice.
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