Idaho Code
Idaho Code § 5-216 (2026)
Action on written contract.
✓ current as of May 2026
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Action on written contract.
Within five (5) years:
An action upon any contract, obligation or liability founded upon an instrument in writing.
The limitations prescribed by this section shall never apply to actions in the name or for the benefit of the state and shall never be asserted nor interposed as a defense to any action in the name or for the benefit of the state although such limitations may have become fully operative as a defense prior to the adoption of this amendment.
Notes of Decisions
Cited in 89
cases (12 in the last 5 years), 1934–2025 · leading case: City of Idaho Falls, an Idaho Mun. Corp. v. H-K Contractors, Inc., 416 P.3d 951 (Idaho 2018).
City of Idaho Falls, an Idaho Mun. Corp. v. H-K Contractors, Inc., 416 P.3d 951 (Idaho 2018). “The district court interpreted the term "state" to only apply to the State of Idaho and not its municipalities. Therefore, the court dismissed Idaho Falls' contract claims as time barred under section 5-216.”
Unifund CCR, LLC v. Lorene K. Lowe, 367 P.3d 145 (Idaho 2016). “Did the District Court Err in Holding that the Cardholder Agreements Were Contracts in Writing? “An action upon any contract, obligation or liability founded upon an instrument in writing” must be brought within five years of when the cause of action accrued.”
Collection Bureau, Inc. v. Dorsey, 249 P.3d 1150 (Idaho 2011). “[2] Idaho Code § 5-216 provides as follows: Within five (5) years: An action upon any contract, obligation or liability founded upon an instrument in writing.”
Farber v. Idaho State Ins. Fund, 272 P.3d 467 (Idaho 2012). “§ 5-218(1) (providing a three-year statute of limitation for liabilities arising under statute) or I.C. § 5-216 (providing a five-year statute of limitation for actions upon contracts) was applicable.”
J.R. Simplot Co. v. Chemetics Int'l, Inc., 887 P.2d 1039 (Idaho 1994). “Chemetics later moved for summary judgment on the grounds that Counts I and II of Simplot’s complaint should be dismissed for Simplot’s failure to meet the five year statute of limitation that is applicable to construction contracts as set forth in Idaho Code § 5-216 and §…”
Jones v. Watson, 570 P.2d 284 (Idaho 1977). “All agree that the applicable statute of limitations is I.C. § 5-216, a five-year limitation on actions brought to enforce a written contract.”
Sunshine Mining Co. v. Allendale Mut. Ins., 684 P.2d 1002 (Idaho 1984). “None of those policies was issued on the "New York standard form;" only one of the policies resembles the "New York standard form," and that one fails to comply with other provisions of the Idaho statutes, specifically I.”
Cuevas v. Barraza, 198 P.3d 740 (Idaho Ct. App. 2008). “The complaint further alleged that, if the lien was based upon a breach of contract action, the time to file such an action, pursuant to I.C. §§ 5-216, 5-217, had expired by the passage of five years since the time when Barraza was aware of such a claim.”
Peterson v. Gentillon, 296 P.3d 390 (Idaho 2013). “Idaho Code § 5-216 applies a five-year statute of limitations to actions “upon any contract, obligation or liability founded upon an instrument in writing.”
Saddlehorn Ranch Landowner's, Inc. v. Dyer, 203 P.3d 677 (Idaho 2009). “The Dyers claim that it was error for the district court not to apply I.C. § 5-216 which would bar the Associations’ claim.”
Buckskin Props., Inc. v. Valley Cnty., 300 P.3d 18 (Idaho 2013). “In its initial summary judgment decision, the district court addressed an argument by Buckskin that the five-year limitations period in I.C. § 5-216 should be applied because its claim arose out of a contract.”
Simons v. Simons, 11 P.3d 20 (Idaho 2000). “Idaho Code § 5-216 states in relevant part: Action on written contract.”
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