When does the Statute of Limitations countdown begin for contract breach?

[Frog2]

What is the name of your state? NC

This is a continuation of my last posts. If you need the whole story here to answer the main question, let me know and I'll repost the last posts on this thread. I'm trying to keep it simple and save space!

In July 2012, I may have breached a contract with a publisher (in New York) by failing to respond to her request (for me to restart a project from the beginning without being monetarily compensated) until about two months later. In New York, the statute of limitations for breach of contract is six years, I believe, which should mean that now, in 2018, she has no way to pursue legal action against any perceived offence.

My question is, when did the statue of limitations countdown begin? The main question is, really, when were the six years officially over?


Thank you!

 

[quincy]

The statute of limitations for written and oral contracts is 3 years in North Carolina and in New York it is 6 years.

The limitations period starts at the time of the breach so the publisher had until July 2018 to file suit in New York if the breach was in July 2012 (assuming there are no facts unknown).

 

[Frog2]

Hello Quincy! I have been wondering if the possible perceived breach would have begun the week after I received the email with new instructions, or when the president emailed me two months later. It was never officially called a breach by the publisher, so I don't have a definite day to begin the countdown. I am concerned that the president could claim that it had not become an official breach until quite a while afterward (in an attempt to be able to pursue legal action at this time). I guess the statute of limitations in in place to prevent that kind of thing from happening?

By the way, you write "assuming there are no facts unknown". What kind of facts would make a difference in this case?

Thank you for your advice!

 

[Taxing Matters]

The timing of the breach of the contract depends on exactly what provision of the contract the publisher claims was breached. Do you have a written contract? If you do, exactly what does the contract say and what does the publisher claim you did that breached it?

 

[eerelations]

The timing of the breach of the contract depends on exactly what provision of the contract the publisher claims was breached. Do you have a written contract? If you do, exactly what does the contract say and what does the publisher claim you did that breached it?

From OP's other thread: There is a written contract. To date, the publisher hasn't claimed that any provisions have been breached. OP is worried that the publisher may at some point in the future claim that OP has breached a provision of the contract. OP is wanting to know the statute of limitations for the publisher to make any such claims, because when that statute of limitations eventually passes, OP can stop worrying about being sued.

 

[Taxing Matters]

From OP's other thread: There is a written contract. To date, he publisher hasn't claimed that any provisions have been breached. OP is worried that the publisher may at some point in the future claim that OP has breached a provision of the contract. OP is wanting to know the statute of limitations for the publisher to make any such claims, because when that statute of limitations eventually passes, OP can stop worrying about being sued.

Except that the OP can't be assured of not being sued even if the statute of limitations (SOL) is expired. The SOL is merely a defense that the OP can raise. Whether the OP has a good SOL defense would depend on what exactly the publisher claimed was the breach and when that alleged breach occurred. Since the OP doesn't have any claims of breach yet, it is pretty much worthless to try to analyze the SOL. All I can say is that the OP can review the contract and see what performance he or she was required to do and when. Mark 6 years from the date the last thing he or she was required to do under the contract. That is likely the date the OP can be reasonably assured that he or she would have a good SOL defense.

Of course, the OP wouldn't have to worry about this at all if the OP was certain he or she had indeed completed the contract. Full performance is the best way to avoid being sued for breach of contract.

 

[quincy]

Hello Quincy! I have been wondering if the possible perceived breach would have begun the week after I received the email with new instructions, or when the president emailed me two months later. It was never officially called a breach by the publisher, so I don't have a definite day to begin the countdown. I am concerned that the president could claim that it had not become an official breach until quite a while afterward (in an attempt to be able to pursue legal action at this time). I guess the statute of limitations in in place to prevent that kind of thing from happening?

By the way, you write "assuming there are no facts unknown". What kind of facts would make a difference in this case?

Thank you for your advice!

Frog, as I said in your other thread, it appears that you met all of the terms of your contract with the publisher by completing illustrations for the story as agreed that you would. But you will want the contract personally reviewed.

That the publisher decided to go with a different style of illustrations for the book is not a breach on your part. The publisher hired an "Andrew Wyeth" to illustrate the book and cannot expect the illustrator to draw like "Andy Warhol." The publisher got what he ordered.

I would not worry until you have reason to worry. If that time arrives, hire an attorney.

Good luck.

 

[eerelations]

That the publisher decided to go with a different style of illustrations for the book is not a breach on your part. The publisher hired an "Andrew Wyeth" to illustrate the book and cannot expect the illustrator to draw like "Andy Warhol." The publisher got what he ordered.

I would not worry until you have reason to worry. If that time arrives, hire an attorney.

Good luck.

The problem with this is that most illustrators use a variety of styles - from Andrew Wyeth to Andrew Warhol to Andrew Anybody - and anything in between. That's what makes them illustrators and not actual artists - they illustrate by command, not by their hearts. If OP's contract specifically states what style her illustrations should be, then she hasn't breached said contract by refusing to re-do her illustrations in a different style. However, if said contract says nothing about style, she may well have breached it by refusing to change the style of her illustrations.

Just splittin' hairs here!

Agree with your last point, though, OP should stop worrying for now.

 

[quincy]

The problem with this is that most illustrators use a variety of styles - from Andrew Wyeth to Andrew Warhol to Andrew Anybody - and anything in between. That's what makes them illustrators and not actual artists - they illustrate by command, not by their hearts. If OP's contract specifically states what style her illustrations should be, then she hasn't breached said contract by refusing to re-do her illustrations in a different style. However, if said contract says nothing about style, she may well have breached it by refusing to change the style of her illustrations.

Just splittin' hairs here!

Agree with your last point, though, OP should stop worrying for now.

Illustrators are "real" artists and publishers generally will hire them specifically for their particular style.

For example, the Caldecott medal is awarded each year to a distinguished illustrator of picture books (see: http://www.ala.org/alsc/awardsgrants/bookmedia/caldecottmedal/caldecottmedal) just as awards like the John Newbery medal are awarded to distinguished authors of children's books each year. These awards are because the styles DO vary - and are often the reason for a book's success.

So, while an illustrator might have a range of different styles and can accommodate a publisher's request for a certain type of illustration, it is more common for a publisher to hire an illustrator for his known style rather than expect the illustrator to change his style to fit the publisher's needs.

 

[Frog2]

Thank you everyone for your advice!

 

[quincy]

Thank you everyone for your advice!

We all appreciate the thanks, Frog2, so thank you.

Good luck.