The periods in Delaware
| Claim | Period | Statute | From March 15, 2026 |
|---|---|---|---|
| Written contract | 3 years | 10 Del. C. § 8106(a) | March 15, 2029 |
| Oral contract | 3 years | 10 Del. C. § 8106(a) | March 15, 2029 |
| Property damage | 2 years | 10 Del. C. § 8107 | March 15, 2028 |
In Delaware, the time limit to sue is 3 years for a written contract, 3 years for an oral contract and 2 years for damage to property. Each period runs from the date the claim arises, which statutes usually call the date the cause of action accrues; in the ordinary case that is the day of the breach or the damage.
A written contract and an oral contract: 10 Del. C. § 8106(a) reads “no action based on a promise, no action based on a statute, … shall be brought after the expiration of 3 years from the accruing of the cause of such action.”
Damage to property: 10 Del. C. § 8107 reads “for injury to personal property shall be brought after the expiration of 2 years.”
Delaware gives written and oral contracts the same 3 years, so whether the deal was put on paper does not change the deadline here.
Worked dates for a claim that arose on March 15, 2026: a written contract reaches its 3 years on March 15, 2029, an oral contract reaches its 3 years on March 15, 2029 and damage to property reaches its 2 years on March 15, 2028. Tolling rules (for example while a defendant is out of state, or for a minor) can extend a period, and some claims run from when the harm was discovered; the dates show the plain count only.
Among the 34 jurisdictions verified here, 28 allow longer than 3 years on a written contract and 0 allow less (median 6 years). For property damage, 0 of 33 give less than Delaware's 2 years (median 3 years). No other verified state has the same combination of periods.
Neighbouring states with verified periods (written / oral / property): Maryland 3 / 3 / 3. Which state's period applies to a dispute that crosses a border is itself a legal question.
Chapter 81 has no general rule for injury to real property; an action for waste has 3 years (§ 8112).
The time limit is the same whichever court hears the case. A claim of $25,000 or less can be filed in Delaware small claims (small claims limit), and it must still be filed inside the period above.
Sources: Delaware Code Online, 10 Del. C. ch. 81 · last checked October 21, 2026.
Before the deadline
A limitation period is a cut-off for filing, not a measure of whether a claim is good. The guide on how limitation periods work explains accrual, tolling and the difference between written and oral contracts, and the small claims filing guide covers the next step.
Questions
What is the statute of limitations for breach of contract in Delaware?
3 years for a written contract (10 Del. C. § 8106(a)) and 3 years for an oral one (10 Del. C. § 8106(a)).
How long do I have to sue for property damage in Delaware?
2 years under 10 Del. C. § 8107.
When does the clock start?
When the cause of action accrues, usually the date of the breach or the damage. A claim that arose on March 15, 2026 reaches the Delaware periods on March 15, 2029 (a written contract), March 15, 2029 (an oral contract) and March 15, 2028 (damage to property).