9.4 STATUTE OF LIMITATIONS
An action on a written contract signed by the party to be charged or the party's agent must be brought within five years of when it accrues; the statute of limitations on enforcement of an oral contract is three years. 78 A breach of contract action generally accrues when the breach occurs, even if actual or substantial damages do not occur until later. 79
For a court to apply the five-year statute of limitations for written contracts (as opposed to the three-year statute of limitations for oral contracts), the writing at issue "must show on its face a complete and concluded agreement between the parties." 80 This burden of proof is higher than the burden required to satisfy the statute of frauds. 81 Consequently, casual writings, which may often be in electronic form, may be scrutinized to determine which statute of limitations applies. In Fidelity Nat'l Title Ins. Co. v. Radford, an email exchange was found not to qualify as a written contract pursuant to Virginia's five-year statute of limitations. 82
It is sometimes disputed whether a party's ongoing...
