QUESTION
Professional services were being provided by one corporation to another on a single project. The contract was oral and there were no payment terms
Asked on Aug 10th, 2012 on Business Litigation - Pennsylvania
More details to this question:
specified. During the course of the project, seven months duration, the services were billed two times. There was a July 28 invoice in calendar year one, and a final invoice on December 31 of calendar year one, the same year. February of the next year, second calendar year, there was a small partial payment. This matter is governed by PA law, and I believe the statue of limitations is four years.
When does the statue begin to run, and is it different for each individual invoice, and is it affected by the February payment?
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The statute of limitations in Pennsylvania on an oral contract is four years. The statute commences to run as to each invoice when payment of that invoice was due, which, if the invoice specified no terms, would generally be on presentation. The running of the statute should not generally be affected by partial performance unless that performance occurs after the statute has already run, which is not the case here.
Answered on Aug 10th, 2012 at 4:13 PM