Va. Code Ann. § 8.01-246

Section 8.01-246(2) sets a five-year limitations period for breach-of-contract claims.

Stone Ridge Condominium Unit Owners' Ass'n v. J. M. Turner & Co. · filed 2003-07-14(2)

At best, the statute of limitations for breach of contract is five years under Va. Code § 8.01-246(2).

The three-year limitation for unwritten contracts does not apply when an accommodation maker may seek recourse on the written note she paid.

Payne v. Payne · filed 1978-06-09(4)

Therefore, we hold that the plaintiff was entitled to proceed on the written instrument, and the trial court erred in applying the three-year limitation fixed by Code § 8.01-246(4).

Section 8.01-246(2) provides a five year limitation for contract actions, which does not apply to claims arising from consent to a search.

Williams v. City of Portsmouth · filed 1982-03-31(2)

Consent to a search is not a contract. Plaintiff, therefore, cannot claim the benefit of the five year limitation on contract actions. Va.Code Ann. § 8.01-246(2).

Section 8.01-246 gives a party five years to bring an action founded on a written contract after the cause of action accrues.

Westminster Investing Corp. v. Lamps Unlimited, Inc. · filed 1989-04-21

Thus, Lamps had five years from the time of breach to institute suit. Accordingly, we hold that Lamps’ suit is time-barred.

Section 8.01-246(2) provides a five-year limitations period for an action on a written contract not under seal.

Gilmore v. Basic Industries, Inc. · filed 1987-06-12(2)

Because Gilmore filed suit more than five years ... after January 15, 1975, his action is time-barred. ... Both parties agree that the longest limitations period for a contract in writing not under seal is five years. See former Code § 8-13; now Code § 8.01-246(2).

Section 8.01-246(2) provides a five-year limitations period for suits in equity upon written contracts seeking rescission or damages for breach.

Marriott v. Harris · filed 1988-04-22(2)

For this type of proceeding, the statute of limitations in Virginia is five years, Code § 8.01-246(2), the limitation correctly applied by the trial court in this case.

Claims arising from a written contract signed by the party to be charged have a five-year limitations period.

Nelson v. Commonwealth · filed 1988-04-22(2)

These claims arose out of a contract “in writing and signed by the party to be charged thereby,” and the applicable period of limitations, therefore, was five years.

Section 8.01-246(2) provides a five-year limitations period for an action on a non-negotiable note.

Sovran Bank, N.A. v. Franklin · filed 1990-10-18(2)

The cause of action in the case before us arose on the date the first principal payment was due and unpaid. Under the terms of the revised commitment letter, this occurred on March 20, 1986. This action was filed on April 11, 1990, well within the applicable five-year statute of limitations. Va. Code § 8.01-246(2).

Section 8.01-246 gives five years to sue for breach of a written contract; claims for separate payment breaches within that period remain timely even if earlier breaches occurred.

John H. Park, and Eric J. Arnott v. Alcon Surgical, Incorporated Alcon Laboratories, Incorporated · filed 1993-04-15

In Virginia, the statute of limitations for an action based on breach of a written contract is five years from the date of accrual. Va. Code Ann. § 8.01-246. ... Even if Cilco failed to pay Park in 1982 or 1983, Park's claim for payment is not barred with respect to sales made during the five years preceding the institution of his suit.

Section 8.01-246(2) requires an action on a written contract to be brought within five years after the cause of action accrues.

WAMCO, III, Ltd. v. First Piedmont Mortgage Corp. · filed 1994-06-27(2)

The Note is a written contract and, pursuant to Va. Code Ann. § 8.01-246 subd. 2, an action on it must be brought within five years of the date that the cause of action accrues. The Note bears the date of, and was issued on, October 7, 1987. Consequently, under Virginia’s five-year statute of limitations, the claim on the Note was time barred on October 7, 1992.

Section 8.01-246(2) requires an action for breach of a written contract to be filed within five years after the cause of action accrues.

Arrington v. Peoples Security Life Insurance · filed 1995-06-09(2)

Code § 8.01-246(2) provides that an action for breach of a written contract must be filed within five years after the cause of action accrues. ... Therefore, at that time, at the very latest, the five-year statute of limitations began to run. Consequently, Angela's actions filed on February 15, 1994, are time barred.

Section 8.01-246(2)'s five-year limitation applies to written contracts signed by the party to be charged or that party's agent.

Brown v. Harms · filed 1996-03-01(2)

Code § 8.01-246(2) has no application here. The plaintiff admits that the German court's decree is signed neither by her nor by the defendant. And, there are no factual allegations in the pleadings or exhibits which would permit this Court to conclude that the German court's decree somehow constitutes a written contract between the plaintiff and defendant.

Section 8.01-246(2) gives five years to bring an action on a written contract, including an action to enforce a note.

Yeskolski v. Crosby · filed 1997-01-10(2)

The right of action to enforce a time instrument accrues "on the day after maturity", former Code § 8.3-122(1)(a), and, the statute of limitations on an action on a written contract in effect at trial, Code § 8.01-246(2), was five years. As appears from the face of the Crosby note, it was "due and payable in full on January 1, 1985." Yeskolski became the transferee of the note in October 1987. The statute of limitations ran in January 1990. Yeskolski, who has never filed an action to enforce the Crosby note, has no right to do so now.

An action for breach of a written contract must be brought within five years after the cause of action accrues.

Richmond Metropolitan Authority v. McDevitt Street Bovis, Inc. · filed 1997-05-06(2)

An action for a breach of contract in writing must be brought within five years after the cause of action has accrued. Va. Code § 8.01-246(2). ... As such, the five year period has lapsed. Since the Court does not agree with Plaintiff that it is exempted from this limitation, the contract claims (Counts 1 and 4) are barred.

Section 8.01-246 gives a party five years to bring a claim at law for breach of a written contract.

Primrose Development Corp. v. Benchmark Acquisition Fund I, L.P. · filed 1998-05-14

From the bench on April 14th, I ruled that any claim at law by Benchmark for breach of the Master Cable Television Cascades Service Agreement (“Agreement”) based upon the granting to other utility companies of certain easements containing television language is barred by the five-year statute of limitations of Virginia Code § 8.01-246.

Section 8.01-246(2) requires an action on a written contract, including a promissory note, to be brought within five years after the cause of action accrues.

Rivera v. Nedrich · filed 1999-12-22(2)

With regard to the question concerning the statute of limitations, Code § 8.01-246(2) requires that a cause of action on a written contract be brought within five years after the cause of action accrues. This section applies to a promissory note such as the one at issue in this appeal.

Section 8.01-246(2) gives a party five years to sue for breach of a warranty in a written contract.

Gilmore v. Fifield · filed 2003-04-22(2)

The warranty claims asserted in the Motion for Judgment are not time barred because the applicable statute of limitations is the five-year limitation of Va. Code § 8.01-246(2) (actions on a contract in writing).

Section 8.01-246(2) provides a five-year limitations period for written-contract claims; a claimant who can demand payment must make that demand within a reasonable time.

Ansari v. Pahlavi · filed 1991-04-18(2)

Here, Ansari had up to five years from the end of each quarter to demand the commissions to which he claims entitlement.

Section 8.01-246(2) provides a five-year limitations period for claims based on a written contract, including a signed city code provision promising disability retirement benefits.

Blaylock v. City of Richmond · filed 1992-09-24(2)

At issue in this case is a portion of the Code of the City of Richmond. That portion prescribes what the City is obligated to do in return for an employee’s service and retirement on disability. It is a written document which meets all the criteria for a contract, and it is signed by authorized City officials. Section 8.01-246(2) controls.

Section 8.01-246 sets a five-year limitations period for claims arising out of written contracts.

Byrd v. Crosstate Mortgage & Investments, Inc. · filed 1994-04-06

Since the statute of limitations for claims arising out of written contracts is five years (Va. Code § 8.01-246), the Archers’ breach of contract claim is timely.

Section 8.01-246 provides a five-year limitations period for claims based on written contracts.

Christensen v. Cor · filed 1997-10-15

As such the statute of limitations for Mrs. Christen- sen's claim is that for breach of a written contract in Virginia: five years. See Va. Code Ann. § 8.01-246 (Michie 1992).

Section 8.01-246 provides a five-year limit for legal malpractice claims arising from a signed written agreement and a three-year limit for claims arising from an oral agreement.

Lockney v. Vroom · filed 2003-03-21(2), (4)

For these reasons, the Court concludes that the five-year statute of limitations applies to all matters dealing with obtaining medical expenses and lost wages covered by the workers’ compensation claim. ... Because the sole written agreement addresses only the workers’ compensation claim, the other matters at issue, including the social security benefits and default judgments, are governed by the three-year statute of limitations, which deals with oral agreements.

Section 8.01-246(2) sets a five-year limitations period for actions on written contracts in Virginia.

Hansen v. Stanley Martin Companies, Inc. · filed 2003-09-12(2)

Code § 8.01-246(2) establishes a five-year statute of limitations for actions under a written contract in Virginia.

A claim for breach of a written contract must be filed within five years after it accrues.

Hewlette v. Hovis · filed 2004-05-19

In Virginia, the statute of limitations for breach of a written contract is five years from the date the cause of action accrues. Va.Code Ann. § 8.01-246.

Section 8.01-246 sets a three-year limitation period for oral contracts and a five-year period for written contracts.

Small v. Lehman · filed 2005-03-24

Finally, turning to the applicable limitation period, the applicable limitation period is established by Va. Code § 8.01-246 as three years for an oral contract and five years for a written contract.

A claim based on a written contract has a five-year limitations period.

Harvey v. Mechanical Air Services, Inc. · filed 2005-10-26

The parties do not dispute that this claim is based on a written contract, and therefore a five-year statute of limitations applies. Va. Code Ann. § 8.01-246 (Michie 2000).

Section 8.01-246 provides a five-year limitations period for a claim on a written warranty.

Dunn v. Housing Warranty Corp. · filed 1991-08-01

The plaintiffs’ claim against these defendants is on the written warranty provided to them by the Gallimores. The applicable period of limitation is five years. Virginia Code § 8.01-246 and § 8.01-250.

Section 8.01-246 sets a three-year limit for oral contract actions and a five-year limit for written contract actions.

Mullins v. Slemp · filed 1995-03-23(2), (4)

The alleged grant to Stewart Slemp did not comply with the Statute of frauds, Va. Code § 11-2; it is time barred by the Statute of Limitations on an oral (3 years, Va. Code § 8.01-246(4)) or written (5 years, Va. Code § 8.01-246(2)) contract action; and specific performance is not applicable.

Section 8.01-246(2) provides a five-year limitations period for the Virginia contract damages claim.

Coca-Cola Bottling Co. of Elizabethtown, Inc. v. Coca-Cola Co. · filed 1988-08-02(2)

Central Coca-Cola Bottling Company (Virginia), Va.Code Ann. § 8.01-246(2) (5 years), damages recoverable from 2/4/76; ... LaCrosse Coca-Cola Bottling Company (Wisconsin), Wisc.Stat. § 893-43 (6 years), damages recoverable from 7/24/81.

A claim for breach of a written non-compete agreement accrues when the prohibited work begins and is time-barred if filed more than five years later.

State Analysis, Inc. v. American Financial Services Assoc. · filed 2009-03-31(2)

The first is the alleged breach of Johnson’s agreement not to work for an entity similar to StateScape within the one year following termination. This claim began to accrue in July 2003, when, according to the Complaint, Johnson began working for KSE. Because StateScape did not sue Johnson within five years of July 2003, this claim is time-barred.

Section 8.01-246(2) provides a five-year limitations period for a written contract signed by the party to be charged or that party’s agent.

Board of Trustees for the Hampton Roads Shipping Ass'n v. Stokley · filed 2009-05-27(2)

Subsection two of that statute states that the five-year period will apply to an action “on any contract which is not otherwise specified and which is in writing and signed by the party to be charged thereby, or by his agent.” Va. Code Ann. § 8.01-246(2). ... The contracts underlying the Plans, therefore, were signed by Stokley’s agent. The provision outlining the five-year limitations period applies in full to this case.

Section 8.01-246 gives a party five years to bring an action on a written contract signed by the party to be charged.

Colchester Security II, L.L.C. v. Krispy Kreme Doughnut Corp. · filed 2012-08-23(2)

Actions founded upon a contract shall be brought within five years of the cause of action if the contract is “in writing and signed by the party to be charged.” Va. Code § 8.01-246. ... The statute of limitations for a cause of action for breach of contract has not expired as the cause of action did not accrue until Krispy Kreme had sustained damages, namely at the time it was notified by Fairfax County that it must pump and haul its wastewater instead of releasing it into the Collection System.

Section 8.01-246(2) sets a five-year limitations period for breach of written-contract claims.

East West, LLC v. Rahman · filed 2012-09-13(2)

Pursuant to Virginia Code § 8.01-246(2), the limitations period for breach of contract claims based on a written contract is five years.

Section 8.01-246 provides a five-year limitations period for a legal malpractice claim based on a written contract appointing the attorney to represent the plaintiff.

Willoughby v. Bullard · filed 2015-01-08

It is the court’s view that, rather than a three-year period, the controlling limitations period is five years, based on a written contract of court appointment with the Commonwealth to provide plaintiff with representation in the underlying case. ... The limitations period for a breach of contract action is five years. Va. Code Ann. § 8.01-246. Thus, the action filed on April 22, 2013, is timely filed.

Section 8.01-246(2) gives a party five years to bring a written contract claim; a negligent design claim falls under that limit, and the period begins when the plans are finally approved.

William H. Gordon Assocs., Inc. v. Heritage Fellowship · filed 2016-02-12(2)

Code § 8.01-246(2) provides that an action for breach of a written contract must be filed within five years after the cause of action accrues. The cause of action for negligent design accrues when the allegedly negligent plans are “finally approved.”

Section 8.01-246(2) gives a party five years from accrual to bring an action on a written contract, including a claim for breach of a performance warranty.

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc. · filed 2016-11-03(2)

Code § 8.01-246(2) sets the standard limitations period for an action arising from a written contract for five years from the date of accrual.

Section 8.01-246(2) gives five years to bring claims for money due on an open account under a written contract.

Zamma Canada Limited v. Zamma Corporation · filed 2020-12-03(2)

As Virginia law applies, claims relating to money due on an open account (“monetary” claims) must be brought within Virginia’s five-year statute of limitations for claims arising under written contracts.

A claim on a signed written contract must be brought within five years after it accrues.

Metzger v. The Rector and Visitors of the University of Virginia · filed 2024-10-01(2)

As it was not, this claim is barred by Va. Code Ann. § 8.01-246.

Section 8.01-246(4) gives a party three years to sue on an unsigned written contract.

CM-Focus LLC v. Conviso LLC · filed 2025-06-05(4)

Accordingly, an unsigned written contract is subject to a three-year limitations period, while a signed written contract (by at least the party against whom breach is alleged) is subject to a five-year limitations period.

Section 8.01-246 governs the limitations period for contract actions, and the court found the suit timely under it.

McGlen v. Barrett · filed 2009-01-09

Whether the remaining claims asserted against the defendants are brought ex contractu or ex delicto, the suit was filed well within the statutes of limitations for personal injury, governed by Va. Code § 8.01-243, and contracts, governed by Va. Code § 8.01-246.

Section 8.01-246(2) sets a five-year limitations period for breach of employment contract claims.

Letendre v. Parallon Enterprises, LLC · filed 2025-03-28(2)

Under Virginia law, breach of employment contract claims are governed by a five-year limitations period. Cruz v. Maypa, 773 F.3d 138, 147 (4th Cir. 2014) (citing Va. Code Ann. § 8.01-246(2)).

Section 8.01-246 sets a five-year limitations period for actions on written contracts and a three-year period for actions on unwritten contracts.

Penn v. 1st S. Ins. Servs., Inc. · filed 2018-07-18(2), (4)

Under Virginia law, for actions upon a written contract, the limitations period is five years. See Va. Code Ann. § 8.01-246(2). For actions upon an unwritten contract, the statute of limitations is three years. See id. § 8.01-246(4).

Section 8.01-246’s three-year limit for unwritten contracts does not support dismissal when the complaint does not establish whether the contract was unwritten.

Azalea Spa & Nails Inc. v. Zhang · filed 2023-11-13

Critically, it is not clear from the face of the Complaint whether the contract at issue is unwritten and, thus, that the statute of limitations that Defendant Zhang cites would even apply. ... Accordingly, the Court declines at this early stage in the proceedings to find that Plaintiffs’ breach of contract claim is partially time-barred.

The five-year limitations period for actions founded upon a contract applies to a declaratory judgment request based on an alleged breach of contract.

United States Justice Foundation v. Response Unlimited · filed 2026-02-23(A)

Because USJF’s “declaratory judgment claim” specifically asks this court to ascertain whether “the professional fundraising consultant services purportedly performed by [RU] on behalf of [USJF] are outside the scope of the List Agreement,” (Compl. ¶ 50 (emphasis added)), the court agrees that its allegations appear to be “founded upon a contract,” Va. Code Ann. § 8.01-246(A). The five-year limitations period applies, and the declaratory judgment request, to the extent that it is based on a breach of contract claim, accrued when “the breach of contract occur[red].” Id. § 8.01-230; Kappa Sigma Fraternity, 587 S.E.2d at 708 (“If we consider the [plaintiff’s declaratory relief] claim challenging the 1974 amendments as alleging breach of a contract . . . either claim is barred by [the former statute of limitations provision for breach of contract].”).

Section 8.01-246's three-year limit applies to a warranty claim against a remote component manufacturer that was not a party to the contract of sale.

W. J. Rapp Co. v. Whitlock Equipment Corp. · filed 1981-06-12(4)

Because International Harvester is a remote manufacturer who is not a party to the contract of sale between the buyer and seller involved here, the three-year limitation applies to it.

Section 8.01-246(4) gives three years to bring an unwritten warranty claim against a remote manufacturer.

Chantilly Partners v. James A. Federline, Inc. · filed 1991-02-14(4)

As a remote manufacturer, Shell is held to a three-year statute of limitations period as set forth in § 8.01-246(4) of the Va. Code.

Section 8.01-246(4) gives actions on unwritten contracts, whether express or implied, a three-year limitation period.

Roussell v. Clark · filed 1982-01-29(4)

The plaintiff filed this action on April 6, 1981, within the three-year limitation period prescribed by Va. Code § 8.01-246(4). Therefore, the statute of limitations plea of the defendant Boice is, likewise, overruled.

Section 8.01-246(4) imposes a three-year limitation on claims arising from unwritten terms implied by statute in a contract.

Harbour Gate Owners' Ass'n v. Berg · filed 1986-09-05(4)

Such unwritten implied contracts are governed by the three-year limitation of Code § 8.01-246(4) (former Code § 8-13).

Section 8.01-246(4) sets a three-year limitations period for actions on contracts not in writing, whether express or implied.

Lilly v. Hart · filed 1988-10-20(4)

The applicable period of limitations for actions on contracts not in writing, express or implied, is three years. Virginia Code § 8.01-246(4). ... Because this suit was not commenced within three years after the date on which the right of action arose, recovery is barred.

Section 8.01-246(4) applies a three-year limitation to claims for repayment of money under an oral obligation, including claims brought in equity on an unjust-enrichment theory.

Belcher v. Kirkwood · filed 1989-09-22(4)

Thus, Kirkwood’s claims for the repayment of any transfers made before November 26, 1983, are barred by the statute of limitations applicable to oral contracts, because those obligations were incurred more than three years prior to the time Kirkwood filed this action.

Section 8.01-246(4) gives a plaintiff three years to bring an action on an oral contract, including a claim for specific performance in equity.

Digital Support Corp. v. Avery · filed 1999-07-13(4)

Since die exhibits merely memorialize a prior oral contract, the applicable statute of limitations is three years. Va. Code Ann. § 8.01-246(4) (1950). The statute of limitations was exceeded in this case, and therefore, the Plea in Bar must be sustained.

Section 8.01-246(4) provides a three-year limitations period for claims based on oral contracts for professional services.

McGrath v. Cook · filed 1987-09-10(4)

This is a cause of action based upon the alleged breach of an oral contract for the competent performance of professional services. The three-year statute of limitations of Code § 8.01-246(4) applies.

Section 8.01-246(4) sets a three-year limitation period for an oral contract claim.

Vines v. Branch · filed 1992-06-05(4)

Based on these principles, we hold that Vines’s breach of contract allegation is barred by the three-year limitation of Code § 8.01-246(4).

Section 8.01-246(4) provides a three-year limitations period for a legal malpractice claim based on an attorney-client agreement without a written retainer.

Cassidy v. Day · filed 1996-05-28(4)

Therefore, because there was no written retainer agreement between the Defendant-attorneys and their client, the three-year limitation under Va. Code § 8.01-246(4) governing oral contracts applies.

Section 8.01-246(4) sets a three-year limitations period for actions based on oral contracts.

The Investor Associates v. Copeland · filed 2001-06-08(4)

Moreover, the trial court correctly decided that the three- year statute of limitations for oral contracts set forth in Code § 8.01-246(4) governs, and bars KLA's claims.

Section 8.01-246(4) sets a three-year limitations period for actions on oral contracts.

Fiberlink Communications Corp. v. Magarity · filed 2001-12-27(4)

For oral contracts, the limitations period is three years.

Section 8.01-246 sets a three-year limitations period for actions on oral contracts.

Johnson v. Brown · filed 2005-06-02(4)

The statute of limitations in Virginia on an oral contract action is three years.

Section 8.01-246(4) sets a three-year limitations period for claims on oral agreements, measured from accrual.

Robinson v. Board of Trustees · filed 1991-03-28(4)

The appropriate statute of limitations to be applied to an oral agreement is three years after the cause of action accrued. Virginia Code § 8.01-246(4).

Section 8.01-246(4) sets a three-year limitations period for suits on oral contracts.

Ali v. Al-Faisal · filed 1996-02-12(4)

In Virginia, a suit on an oral contract must be brought within three years after the cause of action--the breach of contract--accrues. Goodell v. Rehrig Intern., Inc., 683 F. Supp. 1051, 1054 (E.D. Va. 1988) (citing Va. Code Ann. §§ 8.01-246(4) and 8.01- 230 (1984)), aff'd, 865 F.2d 1257 (4th Cir. 1989). In this case, a breach would have technically occurred in December of 1992, when Al-Faisal received the franchise, but denied Ali a percentage in the business. Suit was, therefore, filed within the three year statutory period.

Section 8.01-246(4) gives a plaintiff three years to sue on an oral agreement; a later written promise that does not replace the debt restarts that three-year period.

Papula v. Otto · filed 1997-03-07(4)

The three-year statute of limitations applicable to oral agreements started to run anew as of October 16, 1992. This suit, filed May 16, 1996, was not brought within three years of the new promise in writing.

Section 8.01-246(4) provides a three-year limitations period for oral contract claims; a claim filed more than three years after the alleged breach is barred under that period.

Tillman v. Fairfax Bank & Trust Co. · filed 1996-01-16(4)

Assuming Count IV asserts a fiduciary or contractual duty owed by the Bank to Tillman, such a duty was breached at the latest on April 21, 1992, the date of the foreclosure sale. Va. Code Ann. § 8.01-230. The motion for judgment was filed on September 11, 1995. Thus whether the one-year or three-year statute applies, Count IV is barred.

Section 8.01-246 provides a three-year limitations period for a legal-malpractice claim based on an oral contract.

Butler v. Cabell · filed 1996-02-14

As a result, the three year statute of limitation applies to this contractually based claim. Va. Code § 8.01-246.

Section 8.01-246 gives a three-year limitation period for oral or implied contract claims, including legal malpractice claims without a written retainer agreement.

Ranasinghe v. Compton (In Re Ranasinghe) · filed 2006-03-20(4)

In Virginia, there is a three-year statute of limitations for breach of contract of oral or implied contracts. Va.Code Ann. § 8.01-246. This statute of limitations also applies to actions for legal malpractice in the absence of a written retainer agreement.

Section 8.01-246(4) sets a three-year limitations period for claims based on express or implied unwritten contracts.

Tsilis v. Wade · filed 2002-04-16(4)

The statute of limitations on an unwritten contract, express or implied, is three years. Va. Code § 8.01-246(4). The right of action accrues and the statute of limitations begins to run on a demand obligation at the time the money is loaned.

An action on an oral or unwritten contract must be filed within three years after the claim accrues.

Williams v. Kinser · filed 2004-02-24(4)

As such, to recover under this agreement, the Respondent would have to file her action within three-years after the accrual ... of the cause of action. Va. Code § 8.01-246(4).

Section 8.01-246(4) sets a three-year limitations period for claims based on unwritten or implied contracts.

Lamont v. Seabury · filed 2004-03-18(4)

Therefore, David C. Lamont’s claim for payments made when he conveyed his interest in the McGinn property in March 1994 was not barred. Nor were Monica R. Lamont’s claims for payments barred, as she filed this suit within the three years from the March 1997 refinancing.

Section 8.01-246 requires actions on unwritten contracts, express or implied, to be brought within three years.

Valentine v. Norfolk Southern Corp. · filed 2007-06-04

Virginia Code § 8.01-246 establishes the statute of limitations applicable to contract actions. In Virginia, “actions upon any unwritten contract, express or implied” must be brought “within three years.” ... Furthermore, because any claim for breach of an unwritten contract is barred by the statute of limitations, Valentine may only proceed under a theory of breach of written contract.

Section 8.01-246 sets a three-year limitations period for actions on unwritten contracts.

Peerless Ins. Co. v. County of Fairfax · filed 2007-06-08

The statute of limitations applicable to unwritten contracts is three years. Code § 8.01-246.

Section 8.01-246 provides a three-year limitations period for an action on an unwritten contract, including an action for money had and received.

Coster v. Barnett Commercial Realty, Inc. · filed 2011-01-20

The Plaintiff contends that the applicable statute is Va. Code § 8.01-246, which states that the statute of limitations is three years for an action upon any unwritten contract, express or implied. Since the action for indebitatus assumpsit sounds in contract rather than in tort, the court agrees with the Plaintiff, and the motion to dismiss count two is denied.

An action based on an oral contract has a three-year limitations period; a check lacking essential contract terms does not establish a written contract.

Forehand v. Daniels · filed 2010-06-02(4)

Thus, there was no written contract between the parties; however, the question remains whether Plaintiffs filed their action within the three-year statute of limitations prescribed for an oral contract.

Section 8.01-246(4) gives a claimant three years to bring an action founded on an unwritten contract, including a separate oral loan agreement.

Klein v. Campbell · filed 2023-06-06(4)

However, if the additional money was lent pursuant to a separate oral agreement, Va. Code Ann. § 8.01-246(4) applies, which states that an action founded upon an unwritten contract must be brought within three years.

Section 8.01-246(4) gives a plaintiff three years to bring a claim for breach of an oral contract.

Morton v. DeJoy · filed 2024-09-04(4)

Virginia’s statute of limitations for claims of breach of an oral contract is three years.

Section 8.01-246(4) gives an inverse condemnation claim based on an implied contract a three-year limitations period.

Prendergast v. Northern Virginia Regional Park Authority · filed 1984-03-09(4)

Once the trial court correctly concluded that the essence of Count 5 was an action based on an implied contract it follows that its application of the period of limitations contained in Code § 8.01-246(4) was proper. That provision says that “actions upon any unwritten contract, express or implied” shall be filed within three years next after the cause of action shall have accrued.

Section 8.01-246(4) applies a three-year limitations period to inverse condemnation actions because they are based on an implied contract to pay just compensation.

Richmeade, L.P. v. City of Richmond · filed 2004-04-23(4)

Therefore, the cause of action is subject to the three-year limitations period of Code § 8.01-246(4).

Section 8.01-246(4) applies a three-year limitations period to inverse condemnation actions because they are based on implied contract.

Holland v. Nelson County Service Authority · filed 2005-09-01(4)

As a result, the three year statute of limitations for implied contract under Va. Code § 8.01-246(4) is applicable to an inverse condemnation action.

Section 8.01-246(4) provides a three-year limitations period for implied-contract claims, including an inverse condemnation claim based on an implied promise to compensate for taken land.

Tyco Associates, Inc. v. Fairfax County · filed 1990-12-11(4)

Accordingly, it is governed by the three-year statute of limitations for implied contracts provided in Va. Code § 8.01-246(4) (1990 Supp.).

Section 8.01-246(4) gives a plaintiff three years to bring an inverse condemnation claim premised on an implied contract.

TLP, L.L.C. v. Central Telephone Co. of Virginia · filed 2016-05-04(4)

The parties agree on the relevant statutes of limitation: five years for trespass, and three years for inverse condemnation actions. Defendant’s Demurrer ¶¶ 4, 5; Va. Code Ann. § 8.01-246(4), § 8.01-243(B). ... Under the circumstances, the Plaintiff’s claim for inverse condemnation is time-barred, regardless of when the cause of action accrued.

Section 8.01-246’s five-year limit applies separately to each missed monthly payment, barring payments due more than five years before suit.

Beaman v. Pacific Mutual Life Insurance · filed 1985-03-08

But Mr. Beaman is not barred by the statute from now asserting any such breach of contract claim for payments due less than five years prior to this suit, for his claim is an ongoing one, accruing every month, and conceivably could accrue every month in the future for the rest of his life. Thus Pacific Mutual’s assertion of the statute of limitations defense is sound but only as to contract claims already over five years old.

The five-year limitations period applies separately to each alleged overcharge under an installment contract, beginning when that installment is due.

American Inn, L.P. v. Suntrust Banks, Inc. · filed 2002-02-13(2)

Under Virginia law, the statute of limitations applicable to a breach of contract action is five years and runs from the date "when the breach of contract occurs." Va. Code Ann. § 8.01-246(2) (Michie 2000); id. § 8.01-230. ... Thus, the relevant breach triggering the statute of limitations is SunTrust’s alleged overcharge on each installment, and the statute of limitations commenced as to each installment as of the date it became due.

Section 8.01-246(2) allows a claim for each separate breach of a written contract that occurred within five years before suit was filed.

APTA v. Federation · filed 2006-04-21(2)

As in Hampton Roads, the first injury did not inflict "all the damage which can ever result," 234 Va. at 239, 360 S.E.2d at 843; rather, each time the Federation imposed a new fee, a new injury occurred and a separate cause of action accrued.

Section 8.01-246(4) applies a three-year limitations period to legal malpractice claims grounded in an unwritten attorney-client contract.

Virginia Corp. v. Hessler · filed 1985-08-22(4)

Therefore, the cause of action, although sounding in tort, is in fact a contract action and the three year Statute of Limitations applicable to contracts not in writing should be applied. Code Section 8.01-246.

Section 8.01-246(4) provides a three-year limitation period for legal malpractice claims arising from an unwritten attorney-client contract.

MacLellan v. Throckmorton · filed 1988-04-22(4)

We adhere to the rule that actions for legal malpractice are governed by the limitation periods applicable to actions for breach of contract. The trial court correctly applied the three-year limitation to the present case, because the bill of complaint did not allege that the contract between attorney and client was in writing. Code § 8.01-246(4).

Section 8.01-246(B) provides a three-year limit for claims based on unwritten contracts, but it does not govern a malpractice claim against a court-appointed lawyer when no contract existed.

Hunter v. Massie · filed 1995-12-26(B)

While the statute of limitations that applies to a claim for attorney malpractice is based upon the type of legal malpractice that the plaintiff alleges, the courts of Virginia generally will, pursuant to the rule of Olyear v. Kerr, 217 Va. 88, 225 S.E.2d 398 (1976), apply the three-year limitation period that governs claims for breach of unwritten contracts, Code § 8.01-246(B). ... In this case, Hunter and Massie had no contract.

Section 8.01-246 supplies the contract limitations periods for legal malpractice claims because the attorney’s contractual duty gives rise to the claim.

Shipman v. Kruck · filed 2004-03-05

The statute of limitations for legal malpractice actions is the same as those for breach of contract because although legal malpractice actions sound in tort, it is the contract that gives rise to the duty.

Section 8.01-246 provides a three-year limitation period for oral contracts and a five-year period for written contracts, including legal malpractice claims.

Van Dam v. Gay · filed 2010-09-16

In Virginia, actions for legal malpractice sound in contract and are thus governed by the limitation periods prescribed for contract claims. Oleyar v. Kerr, 217 Va. 88, 90, 225 S.E.2d 398, 399 (1976). Those periods are three years for breach of an oral contract and five years for breach of a written contract. Code § 8.01-246.

The three-year limitation period for an oral-contract legal malpractice claim is tolled by continuous representation only while the defendant attorney performs work on the particular undertaking.

Moonlight Enters., LLC v. Mroz · filed 2017-03-30(4)

The court, therefore, correctly held the three-year limitation period barred Moonlight’s malpractice claims against Mroz because his “work on the particular undertaking at issue ha[d] ceased,” Shipman, 267 Va. at 505, 593 S.E.2d at 324, more than three years before Moonlight filed this malpractice action in 2015.

The five-year limitations period for an action on a conditional, nonnegotiable note begins when the conditions for payment are fulfilled.

Salomonsky v. Kelly · filed 1986-10-10

As a result, the cause of action on the notes does not accrue and the statute does not begin to run until the conditions are fulfilled.

Section 8.01-246 applies a three-year limitations period to a claim for a surveyor’s negligent performance of a contracted survey.

Wells v. Peacock · filed 2000-04-24

The three year statute of limitations applies to the negligence or breach of contract of the surveyor in this case.

The five-year limitations period for a guaranty requiring demand begins when payment is demanded from the guarantor.

McDonald v. National Enterprises, Inc. · filed 2001-06-08(2)

Accordingly, we hold that the five-year statute of limitations did not begin to run on the claim under the Guaranty Agreement until a demand was made to McDonald for payment.

Section 8.01-246(4) does not govern demands for reconveyance under § 33.1-90, which provides its own time limits.

Commonwealth Transp. v. Windsor Industries · filed 2006-06-08(4)

However, in the case of a possibility of reverter granted to the landowner under the provisions of Code § 33.1-90, the provisions of Code § 8.01-255.1 are superseded by the more specific time limitations provided in Code § 33.1-90. The same rationale disposes of the Commissioner’s reliance upon Code §§ 8.01-248 and -246(4).

Section 8.01-246(2) provides a five-year limitations period for this contract claim.

Suffolk City School Board v. Conrad Bros. · filed 1998-01-09(2)

For these reasons, we hold that with respect to Conrad Brothers' potential liability for the defective condition of the roofs, the five-year statute of limitations commenced upon the date of the architects' submission of the "final Certificate[s] for Payment" to the Board on March 13, 1991, and, thus, the Board's suit was timely filed on February 13, 1996.

Section 8.01-246(2) gives an action on a written contract five years from accrual; postponing a note’s maturity postpones the start of that period.

Meijer v. Thompson · filed 2009-09-04(2)

Although Thompson has argued that the Note is unenforceable because it is time-barred, the Court finds that the Note did not mature until April 6, 2005, and accordingly is not time-barred, regardless of whether it is characterized as a negotiable instrument or as a written contract. ... If it is not a negotiable instrument, as Thompson asserts, it is subject to the five year statute of limitations for written contracts, which begins to run when the cause of action accrues.

Section 8.01-246 did not apply to a warranty claim that accrued before its October 1, 1977 effective date.

Stone v. Ethan Allen, Inc. · filed 1986-11-26

Code § 8.01-246 was not effective until October 1, 1977, see Code § 8.01-256; ... thus, Code § 8.2-725 governs.

The three-year limitations period for an oral contract claim begins when payment is due, even if the obligor repudiated the contract earlier.

Andrews v. Sams · filed 1987-03-06(4)

We hold that this cause of action accrued, and the statute of limitations began to run, on January 1, 1983.

The five-year limitation period for written contracts did not bar a claim filed after the insurer refused to pay policy proceeds, because that refusal was the breach.

Aikens v. Colonial Life & Accident Ins. · filed 1997-11-20

Finally, Colonial argues that even if this is a breach of contract case, the breach occurred in 1987 when McNamee listed plaintiff's husband as owner instead of plaintiff. Thus, according to Colonial, the five-year statute of limitations applicable to written contacts, Va. Code § 8.01-246, bars this suit As has just been said, however, the agreement breached by Colonial was not an agreement to make plaintiff the owner of an insurance policy, although that was die appropriate thing to do to accomplish die goal that plaintiff told McNamee she wanted to accomplish. Rather, toe agreement breached by Colonial was its agreement to pay toe policy proceeds to toe beneficiary designated by plaintiff.

The five-year limitations period for a contract claim runs from an actionable breach; here, the claim was timely because the alleged breach occurred when the utilities refused a demand for payment.

VEPCO v. Norfolk Southern Ry. Co. · filed 2009-09-18(2)

It is only by virtue of the utilities’ failure to accede to that demand that an actionable breach of the CTA could have occurred. Thus, we hold that the circuit court did not err in rejecting the utilities’ assertions that the statute of limitations barred Norfolk Southern’s breach of contract claim entirely.

Section 8.01-246 provides a three-year or five-year limitations period for breach of contract, depending on whether the contract is in writing; it does not apply when the plaintiff fails to establish a contract with the defendants.

Cox v. Eberle Associates · filed 2019-10-30

As discussed below, Part V.n.4, Cox fails to establish that he was a party to any contract with Defendants and the statute of limitations for contracts would not apply.

Section 8.01-246(2) gives five years to sue on a written contract, measured from when the cause of action accrues.

Kerns v. Wells Fargo Bank, N.A. · filed 2018-09-27(2)

Code § 8.01-246(2) prescribes a five-year limitation period running from the day of the “accrual” of a “cause of action” that is “founded” on a written contract.

Section 8.01-246(4) provides a three-year limitations period for contribution actions based on implied contracts.

Gemco-Ware, Inc. v. Rongene Mold & Plastics Corp. · filed 1987-09-04(4)

The General Assembly has provided a two-year statute of limitations for every action for personal injuries, Code § 8.01-243(A), and a three-year limitations period for contribution actions, actions based upon implied contracts, Code § 8.01-246(4).

Section 8.01-246(4) gives a party three years after accrual to bring a contribution or indemnification claim.

Pilkington v. NVC of Vienna, Inc. · filed 1999-12-08(4)

Actions for contribution and indemnification are governed by Virginia Code § 8.01-246(4) and must be commenced within three years after the accrual of the cause of action.

Section 8.01-246(4) gives actions for contribution and indemnification three years from accrual to be filed.

RML Corp. v. Lincoln Window Products, Inc. · filed 2004-12-03(4)

Actions for contribution and indemnification are governed by Va. Code Ann. § 8.01-246(4) and must be commenced within three years after the accrual of the cause of action.

Section 8.01-246(3)’s five-year period for actions between partners also applies to claims between joint venturers.

Roark v. Hicks · filed 1987-11-25(3)

Because the rules of law governing partnerships generally apply to joint ventures, the statute of limitations applicable to joint venturer’s rights of action inter se is the five-year period prescribed by Code § 8.01-246(3), governing actions between partners, rather than the limitation governing actions on contracts.

Section 8.01-246(4)’s three-year limit for oral contracts does not bar an action between joint venturers; the limitations period for actions between partners applies.

Schur v. Sprenkle · filed 2013-05-22(4)

In Roark v. Hicks, 234 Va. 470, 476, 362 S.E.2d 711, 714 (1987), the Supreme Court held that the statute of limitations governing actions between partners is also applicable to actions between joint venturers. Plaintiff has alleged that a joint venture existed between the parties. Thus, Plaintiff’s Count I is not time barred.

Section 8.01-246 provides three-year and five-year limitations periods for claims based on oral and written contracts, respectively, including professional negligence claims arising from an accountant’s services agreement.

Boone v. C. Arthur Weaver Co., Inc. · filed 1988-03-04(2) and (4)

The logic of those cases applies with equal force to a contract for professional services between an accountant and his client, and we therefore affirm the trial court’s ruling that the case is governed by either the three-year or the five-year limitation applicable to breaches of oral or written contracts, respectively. See former Code § 8-13 (1957 Repl. Vol.); see also present Code §§ 8.01-246(2) and (4) (1984 Repl. Vol.).

Section 8.01-246(4) sets a three-year limitations period for accountant’s malpractice claims.

Quinn v. Thomas H. Lee Co. · filed 1999-08-24(4)

To the extent that there is any claim of accountant’s malpractice, the Court need not consider where the action accrued because the statute of limitations for accountant’s malpractice in New York, Virginia and Maryland is three years. ... Plaintiff filed the instant action in April 1995, more than three years after the cause of action accrued.

Section 8.01-246 gives three years to sue for breach of an oral contract; when the breach is anticipatory, a plaintiff who awaits performance may sue within three years after performance was due.

A. Bertozzi, Inc. v. John Grier Construction Co. · filed 1988-10-17

Defendant’s plea of the statute of limitations is based on Virginia Code § 8.01-246, which requires an action for breach of an oral contract to be filed within three years after the cause of action accrues. ... As such, plaintiff argues, the statute of limitations did not begin to run until the time for performance had arrived. Plaintiff’s position is correct.

Section 8.01-246(2) does not bar a petition to enforce support payments ordered by a divorce decree when the underlying marital agreement merged into the decree.

Doherty v. Doherty · filed 1989-09-19(2)

In this appeal from a judgment of the Circuit Court of Arlington County (trial court) appellant (husband) asserts that the doctrine of laches, estoppel, and Code § 8.01-246(2) bar appellee (wife) from recovering the full sum due her pursuant to a marital agreement (contract) executed by them and incorporated by reference into a final decree of divorce which ordered the parties to comply with its terms. We disagree with husband’s assertion and affirm the judgment of the trial court. ... We do not determine here whether husband’s pleas in bar would be available in an action brought solely to enforce the contract. In the case before us the contract was merged into the final decree. It is not the contract but rather the decree that is being enforced. ... Wife elected to bring her action by petition in the divorce suit itself. She sought to enforce the decretal provisions that ordered husband pay her the sums due pursuant to the terms of the contract. Such an action is not subject to the pleas in bar asserted by husband.

Section 8.01-246(2) sets a five-year limit for written-contract claims, but that limit does not bar claims by Virginia state agencies.

Delon Hampton & Associates, Chartered Envirodyne Engineers, Incorporated v. Washington Metropolitan Area Transit Authority · filed 1991-08-06(2)

Section 8.01-246 of the Virginia Code places a five-year limitation on any action brought pursuant to a written contract. ... We need not decide, however, whether WMATA has federal sovereign immunity and whether that alone protects it from application of the statute of limitations because we conclude that as an agency and instrumentality of the Commonwealth of Virginia, WMATA is exempt from application of the statute of limitations.

Section 8.01-246(4) provides a three-year limitations period for recovering money paid by mistake and is a statute of limitations, not a statute of repose.

Cromer v. Molden Real Estate Corp. · filed 1991-09-26(4)

The motion for judgment was filed on September 27, 1984, which is well within the three-year period prescribed by Va. Code Ann. § 8.01-246(4), which is a statute of limitations and not a statute of repose. Therefore, compensatory damages based upon mistake could be recovered from the defendants upon proper proof of the amount being overpaid.

The five-year limitations period for actions on written contracts is measured in calendar years, including leap years.

Ward v. Insurance Co. of North America · filed 1997-02-28(2)

Applying Code § 1-13.33, we hold that courts in this Commonwealth must utilize calendar years and not "365-day periods" when computing whether a statute of limitations has expired.

Section 8.01-246(2) sets a five-year limit for written contract claims; a claim filed more than five years after the injury is barred even if greater damages occur later.

Stewart Title Guaranty Co. v. Premier Title, Inc. · filed 2011-12-07(2)

In other words, if the defendant is correct in its assertion that the cause of action arose on June 24,2004, then even the longest period of limitation, five years, found in Va. Code § 8.01-246(2) had expired when the complaint was filed on March 7, 2011. ... For the reasons that follow, I find that the cause of action arose on June 24, 2004, and, accordingly, sustain the plea in bar.

Section 8.01-246 sets a five-year limitations period for breach of contract claims.

Agnew v. United Leasing Corporation · filed 2017-02-22

Having occurred over five years before the Agnews brought suit, these claims are barred by the statute of limitations.

Section 8.01-246(2) bars a contract claim filed more than five years after a single continuous breach began.

Fluor Federal Solutions, LLC v. PAE Applied Technologies, LLC · filed 2018-04-12(2)

Under Virginia law (which the parties agree applies in this diversity case), an action for breach of contract must be brought within five years after the cause of action accrues. Va. Code Ann. § 8.01-246(2). ... Fluor’s suit, filed twelve years after this breach accrued, clearly falls outside the governing five-year statute of limitations. Accordingly, limitations bar its claim.

Section 8.01-246(A)(2) provides a five-year limitations period for claims based on a written contract.

Watkins v. Federal Home Loan Mortgage Corporation · filed 2025-07-24(A)(2)

The same five-year statute of limitations period for contract claims discussed above applies here. See Va. Code Ann. § 8.01-246(A)(2).

Section 8.01-246’s three-year limit for actions on unwritten contracts does not bar an application to enforce a workers’ compensation award for medical expenses.

Combustion Engineering, etc. v. Lafon · filed 1996-04-09

Under these circumstances, the commission correctly ruled that the three-year statute of limitations contained in Code § 8.01-246 did not apply to bar the Center's application.

Section 8.01-246(3) provides a three-year limitations period for unjust-enrichment claims.

Cherokee Corp. of Linden, Virginia, Inc. v. Richardson · filed 1996-06-05(3)

Count E: Unjust Enrichment. The Plea of the Statute of Limitation is overruled, because this action has been limited to incidents after the November 30, 1992, Trustee’s sale (three year statute of limitations). Virginia Code § 8.01-246(3).

Section 8.01-246(4) gives an unjust enrichment claim a three-year limitations period, which begins when expected compensation is not paid.

Primrose Development Corp. v. Benchmark Acquisition Fund I, L.P. · filed 1998-10-29(4)

Turning to that plea of the statute of limitations, neither side disputes that the Plaintiffs’ claim for unjust enrichment, although a claim in equity, is subject to the statute of limitations; nor that, pursuant to Virginia Code § 8.01-246(4), the statute of limitations that is to be applied is three years. ... The Court is of the opinion that a cause of action for unjust enrichment accrues when the unjust enrichment of the defendant actually occurs; that is, at the moment the expected compensation is not paid.

Section 8.01-246(4) provides a three-year limitations period that applies to unjust enrichment actions.

Tao of Systems Integration, Inc. v. Analytical Services & Materials, Inc. · filed 2004-01-08(4)

The three-year Virginia statute of limitations applicable to oral contracts, Va.Code Ann. § 8.01-246(4) (Michie 2000), also applies to unjust enrichment actions.

Section 8.01-246(4) gives an unjust enrichment claim a three-year limitations period.

Brandon v. Sensio, Inc. · filed 2025-12-12(4)

She does not dispute that her claim is subject to a three-year limitations period under Va. Code Ann. § 8.01-246(4), or that the claim accrued on July 22, 2018, the date that she purchased the allegedly defective pressure cooker. ... Therefore, because Brandon’s unjust enrichment claim accrued more than three years before she filed this action, the district court properly dismissed the claim as untimely.

Section 8.01-246’s contract limitations period does not apply to a wrongful discharge claim based on Virginia’s Conscience Clause.

Michael v. Sentara Health System · filed 1996-10-07

First, Plaintiffs questioned whether Virginia’s Conscience Clause imbues their claims with sufficient implied contractual obligations to warrant application of Virginia’s three-year contract limitation period, Va. Code Ann. § 8.01-246 (Michie 1992), to a wrongful discharge claim based on the Conscience Clause. ... As noted previously, Counts II and VII are claims for wrongful discharge, not for breach of contract, personal injury, or violation of any federal statute.

Section 8.01-246(2) provided a five-year limitations period for actions on demand notes under the former negotiable instruments rules.

Union Recovery Ltd. Partnership v. Horton · filed 1996-11-01(2)

Accordingly, Federal was required to sue on the note before June 8, 1994 to avoid an effective plea in bar of the statute of limitations.

The five-year limitations period for settling partnership affairs begins when winding up is complete, rather than when the partnership dissolves.

Potter v. Travers · filed 1997-12-18(3)

Furthermore, the statute of limitations for settling partnership affairs does not begin to accrue at the time of dissolution. Instead, the law recognizes a five-year period that begins to run at the completion of winding up the affairs of the dissolved partnership.

Section 8.01-246(2) sets a five-year limitations period for suits to rescind contracts, including suits based on mental incapacity or undue influence.

Parker v. Griffin · filed 2001-04-20(2)

It seems to me that the Virginia Supreme Court, in holding that the five-year statute of limitations applied to “this type of proceeding” was referring to suits for rescission of contracts generally and not specifically suits for rescission based on failure of consideration. Accordingly, I find that the statute of limitations which applies to the present case is five years under Virginia Code § 8.01-246(2).

Section 8.01-246(2) provides a five-year limitations period for an action based on a written contract.

Calderone v. TAC Construction, L.L.C. · filed 2008-11-14(2)

The statute of limitations for bringing this action would be five years under Va. Code § 8.01-246(2) because it is based upon a written contract between the parties.

Section 8.01-246(2) sets a five-year limitations period for claims based on written contracts.

Bear Ridge Developers, L.L.C. v. Cooper · filed 2008-12-02(2)

Mr. Cooper’s breach of contract claim is barred by the statute of limitations. Under Virginia law, a claim for breach of a written contract is governed by a five-year statute of limitations. Va. Code § 8.01-246(2).

Section 8.01-246 gives five years for a written, signed contract claim and three years for an unwritten contract claim; writings that require oral communications to establish the agreement fall under the three-year period.

Goodenough v. Province · filed 2009-04-08

Under the provisions of Virginia Code § 8.01-246, actions founded upon a contract shall be brought within five years of the cause of action if the contract is “in writing and signed by the party to be charged.” “Actions upon any unwritten contract, express or implied” shall be brought within three years of the cause of action. ... Although Plaintiffs have asserted the written agreement is evidenced by e-mail correspondence supported by invoices and payment information, this correspondence does not constitute an agreement “in writing, signed by the parties;” instead, it is a collection of writings, some signed and some unsigned, which requires additional reference to oral communications to determine the “nature and extent of the undertaking.” American Indus., 216 Va. at 399. ... Because the agreement was unwritten, the claims must have been brought within three years of the date of the accrual of the cause of action to fall within the limitation period.

Section 8.01-246 requires an action on a written contract to be brought within five years after the cause of action accrues.

Commonwealth v. CCA Industries · filed 2009-12-22(2)

Under Virginia law, actions on written contracts must be brought within five years after the cause of action has accrued. Va. Code § 8.01-246. ... Plaintiffs filed their Complaint on September 9, 2004, which was well within the five-year statute of limitations. Accordingly, the Court finds that the Plaintiffs claim is not barred by the statute of limitations.

Section 8.01-246(2) sets a five-year limitations period for breach-of-contract claims based on written contracts.

Hunter Innovations v. Travelers Indem. Co. of Ct. · filed 2010-11-19(2)

First, Virginia Code § 8.01-246(2) provides that the statute of limitations for a breach-of-contract claim is five years for a written contract.

Section 8.01-246(2) provides a five-year limitations period when the attorney and client executed a written contract for representation.

Bailey v. Donovan · filed 2013-04-12(2)

The Defendant Donovan was engaged to represent the Plaintiffs in a bankruptcy proceeding, and the parties executed a written contract to that effect. Thus, the five year statute of limitations is applicable.

An action on a written contract must be brought within five years after the cause of action accrues.

Cruz v. Maypa · filed 2013-10-04(2)

In Virginia, the statute of limitations for an action on a written contract is five years after the cause of action accrued. See Va.Code Ann. § 8.01-246(2). Plaintiffs cause of action accrued no later than January 17, 2008, because it was on that date that the third contract was effectively terminated by Ms. Cruz’s escape from the Defendants’ residence. Since January 17, 2008 was more than five years before this action was filed, Plaintiffs Breach of Contract claim is barred under Virginia law.

Section 8.01-246(2) gives a party five years to bring a breach of contract claim based on a written contract, including one made by an agent for an undisclosed principal.

Carlen v. T. C. Gifford, L.L.C. · filed 2015-08-13(2)

As the Court finds that the contractual relationship between the parties is governed by a written contract, Plaintiffs’ claims against Defendant for breach of the Agreement are governed by a five-year statute of limitations under Va. Code § 8.01-246(2).

Section 8.01-246 gives a plaintiff five years after accrual to bring an action for breach of a written contract.

Genesis Development Ventures, L.L.C. v. Perkinson Construction, L.L.C. · filed 2016-04-28

Pursuant to Virginia Code § 8.01-246, causes of action based on a breach of a written contract must be brought within five years after the cause of action accrues. ... As such, Virginia’s five-year statute of limitations applies to this action.

Section 8.01-246 gives written contracts a five-year limitations period and unwritten contracts a three-year period; a factual dispute over whether a credit card agreement is written can therefore affect which period applies.

Carlos v. Patenaude & Felix A.P.C · filed 2018-06-06

Under Virginia law, a written contract has a five- year statute of limitations and an unwritten contract has a three-year statute of limitations. Va. Code Ann. § 8.01-246. ... Because we conclude that there is a triable issue as to whether the credit card agreement constitutes a written contract, we do not reach whether the district court properly calculated the tolling events to conclude that the 2013 collection action was timely under a five-year statute of limitations.

Section 8.01-246’s contract limitations period does not bar an equitable action to reform a contract based on mutual mistake; laches governs instead.

Bryan v. Nationwide Mutual Ins. · filed 2004-07-19

Defendant asserts that Virginia Code § 8.01-246 bars Plaintiff’s claim because the insurance contract was entered into on April 1,1997, and Plaintiff did not seek to reform the contract until November 25, 2003. ... The thrust of Defendant’s argument centers on the point that, though Plaintiffs suit be in equity, the statute of limitations should apply as it would in a suit on a contract in law. This argument is without merit. ... The Court finds that the proper doctrine which would act as a bar to reformation of a contract is laches because of its equitable nature.

Section 8.01-246 provides a five-year limitations period for written contracts generally, but a contract for the sale of goods is subject to the shorter UCC period.

Bizmark, Inc. v. Industrial Gas & Supply Co., Inc. · filed 2005-03-02

Virginia has a five-year period of limitations for written contracts generally, but if the action is for breach of a contract for the sale of goods, the shorter UCC period applies.

Section 8.01-246(2)'s five-year period for written agreements does not apply to VPPA-derived actions governed by a specific limitations period.

APAC-Atlantic, Inc. v. General Insurance Co. · filed 2007-04-20(2)

The five-year general limitations period of Code § 8.01-246(2) would not apply here, because under the VPPA, Code § 2.2-4341(C) is specifically applicable to VPPA-derived actions.

The five-year period for written contracts does not govern an action to recover the purchase price of a motor vehicle, even when the sale contract grants the seller a security interest.

Credit Acceptance Corp. v. Coates · filed 2008-06-20

Otherwise, the standard five-year limitations period for written contract applies. Va. Code Ann. § 8.01-246 (1977). ... This Court adopts the majority view and holds that actions to recover the purchase price of a motor vehicle are governed by Article 2 of the UCC even if the contract grants the seller a security interest.

Section 8.01-246(2)'s five-year period for written contracts does not replace a valid shorter limitations period in an insurance policy.

Mirabile v. Life Insurance Co. of North America · filed 2008-08-21(2)

We find, however, that § 38.2-314, not § 8.01-246(2), dictates the appropriate limitations period for insurance contracts.

Section 8.01-246(2) requires a contract to be in writing and signed by the party to be charged for the five-year limitations period to apply.

In re Lewis · filed 2014-09-26(2)

The plain language of § 8.01-246(2) requires that a contract be “in writing and signed by the party to be charged thereby” in order to have the five-year statute of limitations apply.

The three-year limitations period for an unwritten contract claim by a testamentary beneficiary cannot begin until the beneficiary's cause of action accrues after the testator's death.

Thorsen v. Richmond Soc'y for the Prevention of Cruelty to Animals · filed 2016-06-02(4)

In accordance with Code § 8.01-246, the three-year statute of limitations cannot begin to run as to the testamentary beneficiary until a cause of action accrues, after the death of the testator.

Section 8.01-246(C) applies the limitations period for property damage in § 8.01-243 to products liability claims for damage to property other than the product itself, including breach of warranty claims.

Selective Way Insurance Company v. Home Depot Product Authority · filed 2026-01-27(C)

This conclusion is buttressed by the structure of Virginia Code Ann. § 8.01-246(C). The subsection provides that products liability actions for personal injuries or harm to other property are subject to the limitations period generally applicable to torts actions.