Statute of limitations for breach of contract in North Dakota

Rule or statute summary

In North Dakota, the statute of limitations (SOL) for breach of contract generally depends on the type of contract claim being asserted—most commonly whether the claim is treated as an action on a written contract or an action on an oral contract.

For most standard breach-of-contract cases seeking damages for failure to honor a contract promise, North Dakota’s limitations period is typically 6 years. In practical terms, this often applies to disputes over things like nonpayment, failure to deliver goods, or failure to perform promised services—so long as the lawsuit is properly framed as an action based on contract.

That said, SOL rules can shift if the claim is pleaded or categorized differently. For example, certain contract-adjacent statutory actions, account-type claims, or other specialized pleadings may fall under a different limitations scheme than a straightforward “breach of contract” claim. The safest approach is:

1. Identify whether you are truly suing on a written contract or on an oral contract.
2. Confirm that the facts don’t fit a different statutory category for the way the claim is described.

What the “clock” generally measures (accrual)

North Dakota generally starts the clock when the cause of action accrues—often when the breach occurs and the plaintiff could bring the action. The accrual date can change depending on contract terms and the facts, such as:

• contracts with a specific performance deadline,
• installment or periodic obligations (multiple performance dates),
• ongoing or continuing nonperformance,
• anticipatory repudiation (when one party indicates they will not perform),
• disputes over when performance was due.

Also, there can be tolling or other timing doctrines that may affect the end date. Because tolling is highly fact- and documentation-specific, treat it as something to support with the most relevant legal authority—not a guess.

This page is for educational purposes to help you understand North Dakota SOL timing and how to compute a target “file-by” date using DocketMath. It is not legal advice.

DocketMath’s statute-of-limitations calculator helps you translate the statutory SOL term into a practical deadline once you have a supported accrual (trigger) date and any documented tolling basis.

Citations

Use these sources to confirm the authoritative text before finalizing the calculation.

• N.D. Cent. Code § 28-01-18

When rules change, rerun the calculation with updated inputs and store the revision in the matter record.

If an assumption is uncertain, document it alongside the calculation so the result can be re-run later.

North Dakota general SOL for contract actions (often 6 years)

North Dakota’s general statutes for contract actions provide:

• N.D. Cent. Code § 28-01-16 — 6 years (actions on written contracts)
• N.D. Cent. Code § 28-01-17 — 6 years (actions on oral contracts)

Because both written and oral contract actions commonly use a 6-year period, many breach-of-contract deadlines land in the same general time window. The key is making sure the correct section matches how the claim is properly characterized.

Accrual can affect the deadline even when the SOL term is the same

Even when the SOL length is the same (e.g., 6 years), the start date can differ based on when the claim accrues. If your contract is installment-based, includes multiple performance dates, or the breach involves anticipatory repudiation or disputed performance due dates, the accrual date may require additional factual analysis.

Use the calculator

Use DocketMath to compute a practical “latest filing date” from your best-supported accrual date and (if applicable) any supported tolling adjustments.

Run the Statute Of Limitations calculation in DocketMath, then save the output so it can be audited later: Open the calculator.

Inputs to enter

• Jurisdiction: North Dakota (US-ND)
• Claim type: Breach of contract
• Contract form: Written or oral (pick the best match for how the contract claim is categorized)
• Accrual date: The date you believe the breach occurred / the cause of action accrued
• Tolling adjustments (if any): Only if you have a specific statutory or recognized doctrine basis you can document

How outputs change

When you run the DocketMath statute-of-limitations calculator (/tools/statute-of-limitations), the output typically follows this logic:

• Accrual date later → “file-by” date moves later by the same general amount (same SOL term).
• Written vs. oral selection → may not change the result if both categories carry the same SOL term, but it matters if the applicable classification differs.
• Tolling days added → “file-by” date extends by the documented tolling period.
• Day-counting conventions → the tool’s method (how it treats the accrual date as “day 0” vs. “day 1”) can shift the final calendar date by a small amount—verify by checking the tool’s output.

Start point for computing your deadline

Start here: **statute-of-limitations on DocketMath

Example (illustrative only): If your accrual date is 2026-01-15 and the applicable SOL period is 6 years, the target would generally be 2026-01-15 + 6 years, subject to the calculator’s exact counting method and any supported tolling/accrual refinements.

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator