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  1. #1
    Join Date
    Nov 2005
    Location
    Nebraska
    Posts
    2

    Default Statute of Limitations for Breach of Contract

    USDA-RHS sent a contractor of their choice to replace faulty plumbing and improve drainage under my home on a grant/loan in 2002. The grant/loan totaled $7,500 of which I took out a loan with them for half of that amount and the RHS paid half. Bottom-line, several months after the contractor left, I found out via major hot water flooding under my home, that he hadn't replaced anything. The result was major damage to my house.
    The USDA-RHS has refused to acknowledge any culpability in this matter, and has told me if I had an "issue" over it, to file a civil suit against the contractor. Since I am living on disabled widow's income, and during the past several years have been hampered by bouts of illness, finding the money and wherewithal to file against this unscrupulous individual seems remote. However, assuming that somehow, I might be able to find the financial resources to do so, what is the statute of limitations in something of this nature?
    Also, USDA-RHS has ONLY RECENTLY admitted in writing that it didn't look to them, (during inspection by the state inspector) that there hadn't been $7,500 worth of work done, and what had been done was shoddy. I certainly need some expert advice. I am becoming worn out trying to deal with this.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,013

    Default Statute of Limitations

    For most torts, the statute of limitations in Oklahoma is two years. However, if you had a written contract, the statute of limitations for a breach of written contract is five years.

    You need to figure out what causes of action you may bring, then determine which statutes apply and to the extent necessary whether there are any exceptions to the limitations period which would permit you to bring a desired cause of action anyway.

  3. #3
    Join Date
    Nov 2005
    Location
    Nebraska
    Posts
    2

    Default Statute of Limitations on Breech of Contract Civil Suit

    Yes, there was a written contract. And yes, as we speak, I would still be within a five year time frame. And also, there may be some extenuating circumstances that might buy me a little additional time. For example, from the time that the contract was signed, and the work supposedly completed, (not!), there was a (few months), period of time before the hot water flooding occured, and then shortly after that damage began manifesting.

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