United States · Delaware limitation periods
Does a Delaware written contract automatically allow twenty years to sue?
Section 8106(c) permits the specified period in a qualifying written contract involving at least $100,000, subject to twenty years from accrual. It is not an automatic twenty-year period.
- Period
- Specified contractual period with a 20-year statutory ceiling
- Trigger
- Contractually specified period, independently established accrual and qualifying value
- Rule
- 10 Del. C. § 8106
Current official Delaware Code text and separately identified 2026 court rules reviewed. Establish historical applicability independently.
Source guide · No automated date
Does a Delaware written contract automatically allow twenty years to sue?
The preset assumes twenty years but the statute requires the actual period specified in a qualifying written document. No computed or paid date is available.
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Which event controls this 10 Del. C. § 8106 inquiry?
Read the written contract, agreement or undertaking and establish that it involves at least $100,000.
Identify the actual period specified in that document. The statutory permission does not itself insert a twenty-year term.
Compare the specified period with the requirement to sue before expiration of twenty years from accrual. Different survival clauses can require separate construction.
Subsection (c) preserves subsection (b)’s property-insurance condition and expressly addresses Title 6 section 2-725. It is distinct from the ordinary three-year branch.
10 Del. C. § 8106Which facts must be established before counting?
- Read the written contract, agreement or undertaking and establish that it involves at least $100,000.
- Identify the actual period specified in that document. The statutory permission does not itself insert a twenty-year term.
- Compare the specified period with the requirement to sue before expiration of twenty years from accrual. Different survival clauses can require separate construction.
- Subsection (c) preserves subsection (b)’s property-insurance condition and expressly addresses Title 6 section 2-725. It is distinct from the ordinary three-year branch.
- No fixed date is computed. Establish the actual statutory events, applicable period and qualifications first. Calendar months and years do not replace the missing comparison or legal classification.
- Preserve the actual initiating complaint, praecipe, applicable fees and completed transmission. Complete required service separately.
A calendar anniversary does not select the missing branch or supply the legal facts. No computed or paid date is published.
10 Del. C. § 8106What distinguishes the statutory inquiries?
Fictitious comparison. Two written agreements involve $150,000 and share an accrual date. One specifies five years and the other ten. The statutory twenty-year ceiling does not give them identical filing periods.
The preset assumes twenty years but the statute requires the actual period specified in a qualifying written document. No computed or paid date is available.
Which qualifications change this inquiry?
- Written document and value
- Both the written-document condition and the at-least-$100,000 condition appear in the statute.
- Actual specified period
- Preserve the exact operative limitation language. A nominal twenty-year anniversary cannot substitute for that term.
- Insurance exception
- Subsection (b) remains outside the notwithstanding clause. Its denial-based condition must be reviewed for covered policies.
- Historical statutory and emergency scope
- These calculators accept selected events after June 30, 2020. They do not model historical emergency extensions. Administrative Order 7 paragraph (7) extended the specified deadlines otherwise expiring March 23 through June 30, 2020 through July 1, 2020. It expressly did not extend or toll deadlines outside that expiration window. This scope refusal does not establish that an actual claim is barred. Wage claims also require accrual on or after April 26, 2023.
- Establish the applicable edition and actual legal facts independently.
- The preset assumes twenty years but the statute requires the actual period specified in a qualifying written document. No computed or paid date is available.
Which facts and completed acts should be preserved?
Questions about 10 Del. C. § 8106
Does a Delaware written contract automatically allow twenty years to sue?
Does a $100,000 contract always have twenty years?
No. The provision requires a period specified in the qualifying written document.
10 Del. C. § 8106Can the agreement override the statutory ceiling?
The text requires commencement before expiration of twenty years from accrual.
10 Del. C. § 8106Why is there no calculator?
One accrual date does not supply the actual contractual period or establish the document and value conditions.
10 Del. C. § 8106Official Delaware sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| 10 Del. C. § 8106 | This particular statutory procedure and its conditions |
| 10 Del. C. § 8121 | The individually identified statutory or judicial qualification |
| 10 Del. C. § 8117 | The individually identified statutory or judicial qualification |
| Delaware Supreme Court Administrative Order 7, June 5, 2020, paragraph (7) | The historical extension window and calculator coverage qualification |
| 1 Del. C. § 302(13), (24) | Calendar-month and calendar-year definitions |
| 1 Del. C. § 501(a)–(c) | Statutory holidays, observed dates and county-specific Return Day |
| Superior Court Civil Rules 3(a), 6(a), 79.1 | Superior Court commencement and final-day computation |
| Superior Court Administrative Directive 2007-6, procedure 6(a) | Successful recorded Superior Court transmission by 11:59 p.m. Eastern Time |
| Court of Chancery Rules 5(d), 6(a) | Different Chancery electronic deadlines and court-rule scope |