Thursday, October 18, 2012

Ohio Shortened Limitations Period for Written Contracts

 Ohio employers with document retention policies generally maintain copies of written contracts for at least 15 years because that is the period of time in which the other party could bring a lawsuit for breach of it.   However, in June, the General Assembly shortened the limitations period from 15 years to 8 years, effective September 28, 2012.  Actions which accrued prior to September 28 must be brought within the former 15 year limitations period or before September 28, 2020, whichever date comes first.   New breach of contract actions which accrue or arise after September 28, 2012 are limited to 8 years.  Employers may want to accordingly modify their document retention policies. 

The enrolled version of Senate Bill 224 provides as follows:

SECTION 1. That section 2305.06 of the Revised Code be amended to read as follows:

Sec. 2305.06. Except as provided in sections 126.301 and 1302.98 of the Revised Code, an action upon a specialty or an agreement, contract, or promise in writing shall be brought within fifteen eight years after the cause thereof of action accrued.

SECTION 2. That existing section 2305.06 of the Revised Code is hereby repealed.

SECTION 3. Subject to Section 4 of this act, section 2305.06 of the Revised Code, as amended by this act, applies to actions in which the cause of action accrues on or after the effective date of this act.

Section 4. For causes of action that are governed by section 2305.06 of the Revised Code and accrued prior to the effective date of this act, the period of limitations shall be eight years from the effective date of this act or the expiration of the period of limitations in effect prior to the effective date of this act, whichever occurs first.

NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.