REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.5807 Damages for breach of contract; specific performance; period of limitations; bond; deed; mortgage; surety bond; appeal bond; public obligations; other actions.
Sec. 5807.
(1) A person may not bring or maintain an action to recover damages or money due for breach of contract or to enforce the specific performance of a contract unless, after the claim first accrued to the person or to someone through whom the person claims, the person commences the action within the applicable period prescribed by this section.
(2) The period of limitations on an action charging a surety on a bond of a personal representative or guardian is 4 years after the discharge of the personal representative or guardian.
(3) Except as otherwise provided in this section or another statute of this state, the period of limitations is 10 years for an action founded on a bond of a public officer.
(4) The period of limitations on an action founded on a bond executed under sections 80 and 81 of 1846 RS 16, MCL 41.80 and 41.81, is 2 years after the expiration of the year for which the constable was elected.
(5) The period of limitations is 10 years for an action founded on a covenant in a deed or mortgage of real estate.
(6) Except as otherwise provided in another statute of this state, the period of limitations is 2 years for an action charging a surety for costs.
(7) The period of limitations is 2 years for an action brought on a bond or recognizance given on appeal from a court in this state.
(8) The period of limitations is 10 years for an action on a bond, note, or other like instrument that is the direct or indirect obligation of, or was issued by although not the obligation of, this state or a county, city, village, township, school district, special assessment district, or other public or quasi-public corporation in this state.
(9) The period of limitations is 6 years for an action to recover damages or money due for breach of contract that is not described in subsections (2) to (8).
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 2018, Act 15, Eff. May 7, 2018
Notes of Decisions
Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc., 81 U.C.C. Rep. Serv. 2d (West) 239 (Mich. 2013).
· cites it 35× “Plaintiff contended that defendant’s obligation to pay on the open account was an obligation that was distinct from the underlying contract for the sale of goods and that the action was governed by the general six-year limitations period applicable to actions for breach of…”
Miller-Davis Co. v. Ahrens Constr., Inc., 848 N.W.2d 95 (Mich. 2014).
· cites it 15× “While these contract claims were both based on terms within the same agreement, nothing in MCL 600.5807 or our contract-law principles compels the conclusion that the claims must therefore share a common point of accrual.”
Miller-Davis Co. v. Ahrens Constr. Inc., 802 N.W.2d 33 (Mich. 2011).
· cites it 19× “5805, the next section in the code, MCL 600.5807, sets forth the limitations periods for suits seeking damages for breaches of contract.”
Miller-Davis Co. v. Ahrens Constr., Inc., 817 N.W.2d 609 (Mich. Ct. App. 2012).
· cites it 11× “We are to apply MCL 600.5807, which provides: No person may bring or maintain any action to recover damages or sums due for breach of contract, or to enforce the specific performance of any contract unless, after the *60 claim first accrued to himself or to someone through whom…”
Genesee Cnty. Drain Comm'r v. Genesee Cnty., 309 Mich. App. 317 (Mich. Ct. App. 2015).
· cites it 8× “MCL 600.5807 states: No person may bring or maintain any action to recover damages or sums due for breach of contract, or to enforce the specific performance of any contract unless, after the claim first accrued to himself or to someone through whom he claims, he commences the…”
Rory v. Cont'l Ins., 703 N.W.2d 23 (Mich. 2005).
· cites it 2× “5805(9), now MCL 600.5805(10), which governs claims for injury to person or property.”
Rowry v. Univ. of Michigan, 490 N.W.2d 305 (Mich. 1992).
· cites it 10× “This requirement suggests that an arbitration award in the public sector should be subject to the six-year limitation period for contracts contained in the Revised Judicature Act, MCL 600.5807(8); MSA 27A.5807(8). This limitation period, although perhaps applicable under strict…”
Jackson v. Green Est., 771 N.W.2d 675 (Mich. 2009).
· cites it 6× “MCL 600.5807(8). The central issue here is when the limitations period began to run.”
Lothian v. City of Detroit, 324 N.W.2d 9 (Mich. 1982).
· cites it 4× “In discussing the procedural consequences of plaintiff's delay in filing the instant action, the Court of Appeals initially ascertained that plaintiff's action had been filed beyond the six-year limitations period for breach of contract specified in MCL 600.5807; MSA 27A.5807.…”
Operating Engineers Local 324 Health Care Plan v. G & W Constr. Co., 783 F.3d 1045 (6th Cir. 2015).
· cites it 2× “1 Even assuming that ERISA § 515 permits equita *1050 ble defenses, the Funds argued that the defendants could not show reasonable reliance and asserted that a laches defense would not be appropriate where the matter is governed by a, six-year contract statute of limitations…”
DiPonio Constr. Co. v. Rosati Masonry Co., 631 N.W.2d 59 (Mich. Ct. App. 2001).
· cites it 3× “Because we conclude that plaintiff’s civil cause of action is governed by the six-year limitation period found in § 5813, we reverse. A. FRAUD Plaintiff argues that the limitation period traditionally applicable to fraud claims should apply to civil actions brought under the…”
— Mich. Comp. Laws § 600.5807(1) — 10 cases
— Mich. Comp. Laws § 600.5807(4) — 4 cases
— Mich. Comp. Laws § 600.5807(5) — 10 cases
— Mich. Comp. Laws § 600.5807(7) — 3 cases
— Mich. Comp. Laws § 600.5807(8) — 192 cases
Fisher Sand & Gravel Co. v. Neal a Sweebe, Inc., 81 U.C.C. Rep. Serv. 2d (West) 239 (Mich. 2013).
“Plaintiff contended that defendant’s obligation to pay on the open account was an obligation that was distinct from the underlying contract for the sale of goods and that the action was governed by the general six-year limitations period applicable to actions for breach of…”
Miller-Davis Co. v. Ahrens Constr., Inc., 848 N.W.2d 95 (Mich. 2014).
“While these contract claims were both based on terms within the same agreement, nothing in MCL 600.5807 or our contract-law principles compels the conclusion that the claims must therefore share a common point of accrual.”
Miller-Davis Co. v. Ahrens Constr., Inc., 817 N.W.2d 609 (Mich. Ct. App. 2012).
“We are to apply MCL 600.5807, which provides: No person may bring or maintain any action to recover damages or sums due for breach of contract, or to enforce the specific performance of any contract unless, after the *60 claim first accrued to himself or to someone through whom…”
Miller-Davis Co. v. Ahrens Constr. Inc., 802 N.W.2d 33 (Mich. 2011).
“5805, the next section in the code, MCL 600.5807, sets forth the limitations periods for suits seeking damages for breaches of contract.”
Rory v. Cont'l Ins., 703 N.W.2d 23 (Mich. 2005).
“5805(9), now MCL 600.5805(10), which governs claims for injury to person or property.”
— Mich. Comp. Laws § 600.5807(9) — 47 cases
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