How long in the state of Missouri do I have to take a contractor to court for unfinished, prepaid material and labor?
Country relating to Question: United States
State (if USA): Missouri
How long in the state of Missouri do I have to take a contractor to court for unfinished labor and material for which he has already been paid?
Thank you for trusting Just Answer. I will answer as clearly as possible.Is the agreement for him to do work oral or in writing?
The Statute of Limitations for an Oral Contract in Missouri is 5 years.
516.120. Within five years:
(1) All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.110, and except upon judgments or decrees of a court of record, and except where a different time is herein limited;
(2) An action upon a liability created by a statute other than a penalty or forfeiture;
(3) An action for trespass on real estate;
(4) An action for taking, detaining or injuring any goods or chattels, including actions for the recovery of specific personal property, or for any other injury to the person or rights of another, not arising on contract and not herein otherwise enumerated;
(5) An action for relief on the ground of Fraud, the cause of action in such case to be deemed not to have accrued until the discovery by the aggrieved party, at any time within ten years, of the facts constituting the fraud.
Prior revisions: 1929 § 862; 1919 § 1317; 1909 § 1889
(2001) Subdivision (4) of section applies to inverse condemnation actions seeking compensation for damage to personal property. Shade v. Missouri Highway and Transportation Commission, 69 S.W.3d 503 (Mo.App.W.D.).
(2005) Replevin action with five-year limitations period applies for return of seized weapons legally possessed by owner and not used in commission of crime. Elam v. Dawson, 156 S.W.3d 807 (Mo.App.W.D.).
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Thanks John, thats all I wanted to know. I have no other questions ad do not wish to have a monthly adivsory. The $28. is for this question only.
Your welcome. I will send your concern to customer service about the subscription.John Legal41035.0603340625
Over 15 years legal experience.
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