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October 25, 2026

How Long You Have to Sue for Breach of Contract in Michigan

In Michigan, you generally have six years to sue for breach of contract, counted from when the claim accrued. MCL 600.5807(9). Contracts for the sale of goods get four years, and some contracts shorten the deadline. Exceptions are common, so use this post as background and not to calculate your own date.

The general rule: six years

A person may not bring an action for damages or money due for breach of contract unless it is started within the period the statute sets after the claim first accrued. MCL 600.5807(1). For most contract claims that period is six years. MCL 600.5807(9). The statute carves out different periods for a few specific things, such as bonds, and covenants in a deed or mortgage of real estate. MCL 600.5807(2) to (8). If your claim is one of those, the six-year rule is not the one that applies.

When the clock starts

The statute says a claim accrues, in cases not covered by the specific accrual sections, "at the time the wrong upon which the claim is based was done regardless of the time when damage results." MCL 600.5827. In a contract case, the Michigan Supreme Court has said the six-year period begins to run when the promisor fails to perform under the contract. Miller-Davis Co v Ahrens Constr, Inc, 495 Mich 161 (2014).

Two points follow from that. First, one contract can produce more than one claim, each with its own start date. In Miller-Davis, a claim for failing to do the work and a separate claim for failing to indemnify did not share a single accrual date. Second, Michigan has not read in a general "I did not know yet" exception. The Supreme Court has held that the statutory scheme controls when claims accrue and that the common-law discovery rule no longer applies. Trentadue v Buckler Automatic Lawn Sprinkler Co, 479 Mich 378 (2007). The Legislature has written a few discovery-based provisions, but you should not assume one will save a late claim.

Open accounts work differently. In an action on a mutual and open account current, the claim accrues at the time of the last item proved in the account. MCL 600.5831.

Sales of goods: four years

If your contract is for the sale of goods, the Uniform Commercial Code period applies. An action for breach of any contract for sale must be commenced within four years after the cause of action accrued. MCL 440.2725(1). A claim accrues when the breach occurs, regardless of whether the injured party knew about it. For a breach of warranty, that is usually when delivery is tendered, unless the warranty explicitly extends to future performance and discovery has to wait for that performance. MCL 440.2725(2).

This is where many business disputes get tangled. A deal that mixes goods and services can raise a real question about which statute applies, and four years and six years lead to different filing dates. Where a commercial case is heard in Kent County is covered in my post on how the Kent County business court handles commercial cases.

Ways the time can be paused or extended

The statute lists several circumstances that toll, or pause, the running of the period. These are the ones that come up most often in contract cases.

  • Filing the lawsuit: the period is tolled when the complaint is filed, as long as a copy of the summons and complaint are served on the defendant within the time set by the court rules. MCL 600.5856(a).
  • Fraudulent concealment: if the person who may be liable fraudulently conceals the claim, or the identity of the person liable, the action may be commenced within two years after you discover or should have discovered it, even though it would otherwise be barred. MCL 600.5855.
  • Disability: a person who is under 18 or insane when the claim accrues has one year after the disability is removed to bring the action. MCL 600.5851(1).
  • Sales contracts: if a timely action ends in a way that leaves another action available for the same breach, a new one can be started within six months of the termination, unless the first ended by voluntary discontinuance or dismissal for failure or neglect to prosecute. MCL 440.2725(3).

Contracts that shorten the deadline

Parties sometimes agree to a shorter deadline. For sales of goods, the UCC allows the original agreement to reduce the period to not less than one year, but not to extend it. MCL 440.2725(1). Outside the UCC, Michigan courts have enforced clear clauses that shorten the deadline in insurance contracts as written unless the clause violates law or public policy. Rory v Continental Ins Co, 473 Mich 457, 470 (2005). In July 2025 the Michigan Supreme Court declined to extend Rory to adhesive boilerplate employment agreements, overruled Clark v DaimlerChrysler Corp, 268 Mich App 138 (2005), and held that a clause shortening a limitations period in such an agreement must be examined for reasonableness and remains subject to unconscionability. Rayford v American House Roseville I, LLC, Mich Supreme Court No. 163989 (July 31, 2025). That decision was about employment, and insurance policies have their own line of cases. How a court treats a clause negotiated between two businesses depends on the contract and the facts, so read yours.

Why waiting hurts even inside the period

A claim that is still timely can get weaker with time. Witnesses change jobs and memories fade. Emails and project files get deleted under routine retention settings. A defendant that was solvent two years ago may not be today. Contracts can also carry notice and cure deadlines of their own. Getting the contract, the correspondence and a timeline together early gives you more choices, including whether to negotiate or to file.

When I look at a contract dispute, I start with the contract, the date of each alleged breach, and any notice requirements. I cannot say how any particular case will turn out. More about how I handle these cases is on my Grand Rapids business litigation and civil litigation pages, and general answers are collected on my Michigan legal FAQs page.

Questions about contract deadlines in Michigan

Is it six years for every contract claim in Michigan?

No. Six years is the general period for breach of contract, but a contract for the sale of goods is governed by a four-year period, and the statute sets other periods for specific items such as bonds and covenants in deeds or mortgages. A contract can also set its own shorter deadline in some situations.

Authority: MCL 600.5807; MCL 440.2725(1); Rory v. Continental Ins. Co., 473 Mich 457 (2005); Rayford v. American House Roseville I, LLC, Mich. Sup. Ct. No. 163989 (July 31, 2025). Reviewed Oct. 2026.

Does the clock start when I find out about the breach?

Not necessarily. For a contract claim the statute says the claim accrues when the wrong was done, regardless of when damage results, and the Michigan Supreme Court has held that the common-law discovery rule no longer applies. There are limited statutory exceptions, such as fraudulent concealment.

Authority: MCL 600.5827; Trentadue v. Buckler Automatic Lawn Sprinkler Co., 479 Mich 378 (2007); MCL 600.5855. Reviewed Oct. 2026.

Does sending a demand letter stop the clock?

The tolling statute lists filing a complaint, with timely service, as a tolling event. It does not list a demand letter or ongoing negotiations. If a deadline is close, do not assume talks are protecting you.

Authority: MCL 600.5856. Reviewed Oct. 2026.

What if the other side hid the problem from me?

If someone fraudulently conceals the claim or the identity of the person liable, Michigan law can give you two years from when you discover or should have discovered it. The statute requires fraudulent concealment, so a late discovery alone does not qualify. MCL 600.5855.

Authority: MCL 600.5855. Reviewed Oct. 2026.

The deadlines described here have exceptions, and a blog post is not a safe way to calculate your own. If you think you have a contract claim, or someone has threatened one against you, call my Grand Rapids office at (616) 213-3327 or use the contact page. This post is general information, not legal advice, and reading it does not make me your lawyer.

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