Title 11, Chapter 2A, Section 506
( 11-2A-506)
Statute of limitations. (1) An action for default under a lease contract, including breach
of warranty or indemnity, must be commenced within 4 years after the
cause of action accrued. By the original lease contract the parties
may reduce the period of limitation to not less than one year. (2) A cause of action accrues when the default occurs, regardless of
the aggrieved party's lack of knowledge of the default. A breach of
warranty occurs when tender of delivery is made, except that where a
warranty explicitly extends to future performance of the goods and
discovery of the breach must await the time of such performance the
cause of action accrues when the breach is or should have been
discovered. (3) If an action commenced within the time limited by subsection (1)
is so terminated as to leave available a remedy by another action
for the same default or breach of warranty or indemnity, the other
action may be commenced after the expiration of the time limited and
within 6 months after the termination of the first action unless the
termination resulted from voluntary discontinuance or from dismissal
for failure or neglect to prosecute. (4) This section does not alter the law on tolling of the statute of
limitations nor does it apply to causes of action that have accrued
before July 1, 1993. |