What is the statute of limitations for contract claims in New Jersey?

1. Written Contracts

N.J.S.A. § 2A:14-1 provides a 6-year SOL for actions on contract claims, whether written or oral, including recovery upon a contractual claim or liability, express or implied.

2. Oral Contracts

Section 2A:14-1 also applies a 6-year SOL to oral contracts. New Jersey treats both contract types identically.

3. Sealed Instruments / Promissory Notes

N.J.S.A. § 2A:14-4 historically provided 16 years for sealed instruments, though modern practice generally aligns with § 2A:14-1 (6 years) for most commercial paper.

4. Sale of Goods (UCC Article 2)

N.J.S.A. § 12A:2-725 (UCC § 2-725) imposes a 4-year SOL on breach-of-sales claims from tender of delivery. Parties may shorten to 1 year by original agreement.

5. Open Account / Account Stated

Open accounts use the 6-year SOL under § 2A:14-1. The clock runs from the last item charged.

6. Accrual Rule

The cause accrues at breach. Each missed installment starts its own SOL.

7. Discovery Rule for Fraudulent Concealment

New Jersey applies the discovery rule generously, especially where the injury was inherently undiscoverable. SOL is tolled for fraudulent concealment.

8. Tolling

N.J.S.A. § 2A:14-21 tolls for minority and insanity. SCRA tolls for active military service. Defendant absence from New Jersey may toll under § 2A:14-22.

9. Contractual Modification of SOL

New Jersey permits reasonable contractual shortening of SOL. Extensions are generally unenforceable.

10. Borrowing Statute

New Jersey applies governmental-interest analysis rather than a traditional borrowing statute, but McCarrell v. Hoffmann-La Roche allows application of foreign SOL in appropriate cases.

This is legal information, not legal advice.