Connecticut Statute of Limitations Checklist - Kelley Drye

Connecticut Statute of Limitations Checklist 

James E. Nealon and Elizabeth W. Swedock, Kelley Drye & Warren LLP 

A Checklist of the statutes of limitations in Connecticut for several commercial claims. 

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ACCOUNT STATED 

• Limitations period. The statute of limitations is six years (Conn. 

Gen. Stat. § 52-576 (2012)). 

• Accrual date. The statute of limitations accrues on the date of 

the last transaction (Fairfield Plumbing & Heating Supply Corp. 

v. Arch Fracker Plumbing & Heating Contractor, Inc., No. CV- 

93-030551-S, 1993 WL 225004, at *1 (Conn. Super. Ct. June 

16, 1993)). 

ANTITRUST 

• Limitations period. The statute of limitations is four years 

(Conn. Gen. Stat. § 35-40 (2012)). 

• Accrual date. The statute of limitations accrues at the time of 

the violation. In the case of a continuing violation, the statute 

of limitations accrues at any time during the period of the 

violation. (Conn. Gen. Stat. § 35-40 (2012).) 

BREACH OF CONTRACT 

• Limitations period. The statute of limitations is: 

• three years for oral contracts, if still executory (Conn. Gen. 

Stat. § 52-581 (2012); Bagoly v. Riccio, 927 A.2d 950, 955- 

56 (Conn. 2007)); 

• six years for written contracts and executed oral contracts 

(Conn. Gen. Stat. § 52-576 (2012); John H. Kolb & Sons, 

Inc. v. G & L Excavating, Inc., 821 A.2d 774, 780 (Conn. 

App. Ct. 2003)); and 

• four years for contracts for sale (Conn. Gen. Stat. § 42a-2- 

725 (2012)). 

• Accrual date. The statue of limitations accrues when the 

breach occurs or when injury is inflicted (Beckenstein v. Potter 

& Carrier, Inc., 464 A.2d 18, 22 (Conn. 1983)). The statute of 

limitations will still accrue even if the injured party is ignorant 

of the fact that he has been damaged (Amoco Oil Co. v. Liberty 

Auto and Elec. Co., 810 A.2d 259, 266 (Conn. 2002)). 

BREACH OF FIDUCIARY DUTY 

• Limitations period. The statute of limitations is three years 

(Conn. Gen. Stat. § 52–577 (2012); see Flannery v. Singer 

Asset Fin. Co., LLC, 17 A.3d 509, 513 (Conn. App. Ct. 2011)). 

• Accrual date. The statute of limitations accrues when the 

wrongful act occurs (Conn. Gen. Stat. § 52-577 (2012)). 

BREACH OF WARRANTY 

• Limitations period. The statute of limitations is four years for 

breach of warranty in connection with a contract for the sale of 

goods, unless a shorter period is specified by the parties to the 

contract. The period specified may not be less than one year. 

(Conn. Gen. Stat. § 42a-2-725 (2012).) 

• Accrual date. The statute of limitations accrues when tender of 

delivery is made (Conn. Gen. Stat. § 42a-2-725 (2012)). 

For more information on breach of warranty, see Box, Warranty. 

CONSUMER PROTECTION STATUTES 


(Conn. Gen. Stat. § 42-110g(f)). 

• Accrual date. The statute of limitations period accrues when 

the unfair or deceptive act forming the basis of the claim 

occurs (Willow Springs Condo. Ass’n, Inc. v. Seventh BRT Dev. 

Corp., 717 A.2d 77, 100-01 (Conn. 1998)). 

CONVERSION 


(Conn. Gen. Stat. § 52–577). 


wrongful act occurs (Certain Underwriters at Lloyd’s, London v. 

Cooperman, 957 A.2d 836, 850 (Conn. 2008)). 

EMPLOYMENT MATTERS 


• two years for claims regarding the payment of wages (Conn. 

Gen. Stat. § 52–596 (2012)); 

• one year from the date of the accident or three years from 

the first manifestation of a symptom of the occupational 

disease for a worker’s compensation claim (Conn. Gen. 

Stat. § 31-294c (2012)). If death results within two years 

from the date of the accident or first manifestation of a 

symptom of the occupational disease, a dependent or the 

legal representative of the deceased employee may make a 

claim for compensation within the two-year period or within 

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one year from the date of the employee’s death, whichever 

is later (Chambers v. Elec. Boat Corp., 930 A.2d 653, 658 

(Conn. 2007)); and 

• 180 days for filing a discrimination claim under the 

Connecticut Fair Employment Practices Act with 

the Connecticut Commission on Human Rights and 

Opportunities (CHRO) (Conn. Gen. Stat. § 46a-82 (2012)). 

However, a plaintiff must file a claim for discrimination 

related to past convictions within 30 days (Conn. Gen. Stat. 

§ 46a-80 (2012)). A plaintiff must also file a complaint with 

the CHRO before bringing suit in court (Conn. Gen Stat. § 

46a-82 (2012); Dembinski v. Pfizer, Inc., 628 F. Supp. 2d 

267, 271 (D. Conn. 2009)). 

• Accrual date. The statute of limitations accrues for: 

• wage claims when an employer refuses to compensate 

employee according to terms of an express or implied 

employment contract (Warzecha v. Nutmeg Companies, 

Inc., 48 F. Supp. 2d 151, 158 (D. Conn. 1999)). However, 

the accrual of the statute of limitations may be tolled if the 

employee files a claim with the Labor Commissioner (Conn. 

Gen. Stat. § 52–596 (2012)); 

• workers’ compensation claims on the date of the accident or 

first manifestation of a symptom of the occupational disease 

(Conn. Gen. Stat. § 31-294c (2012)); and 

• a discrimination claim on the date of the alleged 

discrimination, not the date when the employee begins 

to suspect that the employer acted on the basis of bias 

(Kahn v. Fairfield Univ., 357 F. Supp. 2d 496, 503 (D. 

Conn. 2005)). If the discriminatory act is termination of 

employment, the accrual date is the date of cessation 

of employment, not the date of notice of termination 

(Vollemans v. Town of Wallingford, 928 A.2d 586, 605 

(Conn. 2007), aff’d, 956 A.2d 579 (Conn. 2008)). 

ENFORCEMENT OF JUDGMENTS 


• 20 years for an execution to enforce a judgment for money 

damages and 25 years for an action based on thejudgment 

(Conn. Gen. Stat. § 52-598(a) (2012)). However, there is 

no statute of limitations for an action to enforce a judgment 

based on a personal injury caused by sexual assault where 

the party legally at fault for the injury was convicted of a 

violation of Section 53a-70 or 53a-70a of the Connecticut 

General Statutes (Conn. Gen. Stat. § 52-598(a) (2012)); and 

• ten years for execution to enforce a judgment for money 

damages rendered in a small claims session and 15 years 

for an action based on the judgment (Conn. Gen. Stat. § 

52-598(b) (2012)). 

• Accrual date. The statute of limitations accrues on the day 

that the judgment is entered (Inv. Assoc. v. Lancia, No. CV- 

074028746-S, 2008 WL 2168983, at *2 (Conn. Super. Ct. May 

5, 2008)). 

FRAUD 

• Limitations period. The limitations period is three years (Conn. 

Gen. Stat. § 52–577 (2012)). 


wrong occurs. The limitations period will be tolled if the fraud 

is ongoing based on the continuing course of conduct doctrine 

(Giulietti v. Giulietti, 784 A.2d 905, 925-26 (Conn. App. Ct. 

2001)). 

For more information regarding the continuing course of conduct 

doctrine, see Box, Continuous Course of Conduct. 

FRAUDULENT CONCEALMENT 


(Conn. Gen. Stat. § 52–577 (2012); Woods v. Suffield Acad., 

Inc., CV000596526S, 2001 WL 862604, at *2 (Conn. Super. 

Ct. July 6, 2001)). 


wrongful conduct occurs (Conn. Gen. Stat. § 52–577 (2012)). 

INSURANCE BAD FAITH 

• Limitations period. The statute of limitations is three years for 

claims based on the implied duty of good faith and fair dealing 

and the Connecticut Unfair Trade Practices Act (CUTPA) 

(Conn. Gen. Stat. § 52–577 (2012); City of W. Haven v. 

Commercial Union Ins. Co., 894 F.2d 540, 546 (2d Cir. 1990)). 


wrongful conduct occurs (Conn. Gen. Stat. § 52–577 (2012); 

Conn. Gen. Stat. § 42-110g(f) (2012); Guillory v. Allstate Ins. 

Co., 476 F. Supp. 2d 171, 176 (D. Conn. 2007)). 

For more information on insurance bad faith claims, see Practice 

Note, Insurance Bad Faith Law (http://us.practicallaw.com/4-505- 

9149). For additional information regarding the accrual of claims 

when there is continuing wrongful conduct, see Box, Continuous 

Course of Conduct. 

NEGLIGENCE 

• Limitations period. The statute of limitations is two years from 

the date the injury is sustained or discovered, or when it should 

be discovered with reasonable care. However, a plaintiff may 

not bring suit longer than three years after the date the wrong 

occurred (Conn. Gen. Stat. § 52-584 (2012)). 

• Accrual date. The statute of limitations accrues when there 

is “actionable harm.” “Actionable harm” occurs when the 

plaintiff discovers or should discover, with reasonable care, the 

essential elements of a cause of action (Barrett v. Montesano, 

849 A.2d 839, 844-45 (Conn. 2004)). 

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2

PRODUCTS LIABILITY 

• Limitations period. The statute of limitations is three years for 

injury, death or property damage (Conn. Gen. Stat. § 52-577a 

(2012)). 

• Accrual date. The statute of limitations accrues when the injury 

is first sustained or discovered, or should be discovered, in the 

exercise of reasonable care (Conn. Gen. Stat. § 52–577a(a) (2012); 

Gnazzo v. G.D. Searle & Co., 973 F.2d 136, 138 (2d Cir. 1992)). 

For more information on the limitations periods for products 

liability claims, see Box, Products Liability Statute of Repose. 

SHAREHOLDER DERIVATIVES SUITS 

• Limitations period. The statute of limitations for a shareholder 

derivative suit is dependent on the cause of action asserted. 

For example, a shareholder derivative suit based on a breach 

of fiduciary duty is governed by the statute of limitations for 

tort actions (Miller v. Allaire, X05CV054007126S, 2006 WL 

1610640, at *1-2 (Conn. Super. Ct. May 24, 2006); Levine v. 

Levine, CV 960537984S, 1998 WL 258192, at *1-2 (Conn. 

Super. Ct. May 11, 1998)). 

• Accrual date. The accrual date is also dependent on the cause 

of action asserted (Miller, at *3; Levine, at *2). 

THIRD-PARTY CONTRIBUTION 

• Limitations period. The statute of limitations is one year (Conn. 

Gen. Stat. § 52-572o (2012)). 

• Accrual date. The statute of limitations accrues at the time of 

judgment, if there is a judgment. If there is no judgment, the 

statute of limitations accrues: 

• at the time of payment when one party discharges the 

common liability by payment within the relevant period of 

the statute of limitations; or 

• at the time of the agreement if one party agrees while an 

action is pending to discharge the common liability and pays 

the liability within one year after the agreement. 

(Conn. Gen. Stat. § 52-572o (2012).) 

Therefore, the statute of limitations generally accrues when, 

between multiple parties jointly bound to pay a sum of money, one 

party is compelled to pay the entire sum (Crotta v. Home Depot, 

Inc., 732 A.2d 767, 771 (Conn. 1999)). 

TORTIOUS INTERFERENCE WITH CONTRACT RIGHTS 


(Conn. Gen. Stat. § 52-577 (2012)). 


wrongful act occurs (Conn. Gen. Stat. § 52-577 (2012)). 

TRADE SECRET MISAPPROPRIATION 


(Conn. Gen. Stat. § 35-56 (2012)). 


misappropriation is discovered or, by the exercise of reasonable 

diligence, should be discovered (Evans v. Gen. Motors Corp., 

No. X06-CV-940156090-S, 2000 WL 486841, at *3 (Conn. 

Super. Ct. 2000)). 

TRADEMARK INFRINGEMENT 

• Limitations period. The statute of limitations for a trademark 

infringement action brought under the Connecticut Unfair 

Trade Practices Act is three years (Conn. Gen. Stat. § 42- 

110g(f) (2012)). 


wrongful act occurs (Argus Research Grp., Inc. v. Argus Media, 

Inc., 562 F. Supp. 2d 260, 279-80 (D. Conn. 2008)). 

UNFAIR COMPETITION 


(Conn. Gen. Stat. § 42-110g(f) (2012)). 


wrongful conduct occurs (Conn. Gen. Stat. § 42-110g(f) 

(2012)). 

UNJUST ENRICHMENT 

• Limitations period. The statute of limitations is six years 

(Conn. Gen. Stat. § 52–576 (2012); Generation Partners, LP 

v. Mandell, No. FST-CV-095010537-S, 2011 WL 3671966, at 

*3 (Conn. Super. Ct. July 22, 2011) (unjust enrichment claims 

are most analogous to contract claims and are subject to the 

six-year statute of limitations)). 


plaintiff first could have successfully maintained an action, 

which is typically the date the injury occurred (Generation 

Partners, at *3). 

WRONGFUL DEATH AND SURVIVAL 

• Limitations period. The statute of limitations is two years. 

However, a claim cannot be brought more than five years after 

the wrongful act occurs. (Conn. Gen. Stat. § 52-555 (2012).) 

• Accrual date. The statute of limitations accrues on the death of 

the decedent (Conn. Gen. Stat. § 52-555 (2012)). 

See Box, Continuous Course of Conduct for information regarding 

tolling. 

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SPECIAL RULES AND EXCEPTIONS 

Connecticut has special rules and exceptions that may toll or 

otherwise affect any of the statutes of limitations described 

above. Depending on the cause of action and facts of the case, 

one or more of the following rules may affect the running of the 

statute of limitations. 

Discovery Rule 

In Connecticut, a cause of action often accrues at the time 

that a wrongful act occurs (see, for example, Conn. Gen. Stat. 

§ 52-577 (2012)). However, certain limitations periods may 

be extended by a common law or statutory discovery rule, 

under which a plaintiff’s cause of action does not accrue until 

she knows, or through reasonable diligence should know, of 

her injury and that the injury was wrongfully caused (see, for 

example, Slekis v. Nat’l R.R. Passenger Corp., 56 F. Supp. 2d 

202, 206 (D. Conn. 1999)). 

Fraudulent Concealment Rule 

If a defendant fraudulently conceals a cause of action from the 

plaintiff, the cause of action will not accrue until the plaintiff 

discovers the existence of the cause of action (Conn. Gen. Stat. 

§ 52–595 (2012)). To prove fraudulent concealment, a plaintiff 

must demonstrate that: 

• The defendant had actual awareness, rather than imputed 

knowledge, of the facts necessary to establish the cause of 

action. 

• The defendant intentionally concealed those facts from the 

plaintiff. 

• The defendant concealed those facts for the purpose of 

obtaining delay on the part of the plaintiff in filing a cause of 

action against the defendant. 

(Falls Church Grp., Ltd. v. Tyler, Cooper & Alcorn, LLP, 912 A.2d 

1019, 1032-33 (Conn. 2007)). 

Equitable Tolling 

The statute of limitations will not bar a claim if the plaintiff, 

despite diligent efforts, does not discover the injury until after 

the limitations period has expired (Wiele v. Bd. of Assessment 

Appeals, 988 A.2d 889, 896 (Conn. App. Ct. 2010)). 

Continuous Course of Conduct 

In an ongoing relationship, lawsuits may be premature because 

individual tortious acts or omissions can be difficult to identify 

and can still be remedied (Watts v. Chittenden, 22 A.3d 1214, 

1220 (Conn. 2011)). Therefore, a statute of limitations may 

be tolled under the continuous course of conduct doctrine. To 

support a finding of a continuous course of conduct: 

• The defendant must commit an initial wrong on the plaintiff. 

• There must be evidence of that the defendant breached 

a duty that remained in existence after commission of the 

original wrong. 

(Watts, at 1220.) 

However, the continuous course of conduct doctrine may be 

applied in intentional infliction of emotional distress absent a 

showing that the defendant owed the plaintiff a duty (Watts, at 

1226). 

Class Action Tolling 

The commencement of a class action suspends the applicable 

statute of limitations for all asserted members of the class who 

would have been parties had the suit been permitted to continue 

as a class action (Grimes v. Housing Auth. of New Haven, 698 

A.2d 302, 306 (Conn. 1997)). For tolling to apply, the class 

action must provide the defendant with notice of the plaintiffs’ 

substantive claims and the number and generic identities of 

the potential plaintiffs who might participate in the judgment 

(Grimes, at 307). 

Warranty 

If a warranty explicitly extends to future performance of the 

goods and discovery of the breach is not possible until the future 

performance occurs, the cause of action accrues when the 

breach is or should be discovered (Conn. Gen. Stat. § 42a-2- 

725 (2012)). 

Defendant outside the Jurisiction 

If a defendant is absent from the state and is therefore not 

subject to the personal jurisdiction in the state, the length of 

the absence is excluded from the calculation of the statute of 

limitations period (Venables v. Bell, 941 F. Supp. 26, 27 (D. 

Conn. 1996)). The period excluded cannot exceed seven years 

(Conn. Gen. Stat. § 52-590 (2012)). 

Accidental Failure of Suit 

Suits that would otherwise be barred by the relevant statute of 

limitations are allowed to proceed if the plaintiff had previously 

filed a timely action but was procedurally barred from receiving 

resolution on the merits (Conn. Gen. Stat. § 52-592 (2012)). 

The statute allows for a new action to be commenced within one 

year after the abatement or other determination of the original 

action (Conn. Gen. Stat. § 52-592 (2012)). If the defendant 

is deceased and the suit is brought or continued against his 

executor or administrator, a new action may be commenced 

within six months after the abatement or other determination of 

the original action (Conn. Gen. Stat. § 52-592(b) (2012)). 

Voluntary withdrawal of an action by a plaintiff, however, does 

not qualify for treatment under the accidental failure of suit 

statute (LaCroix v. Bd. of Educ., 844 F.2d 88, 90 (2d Cir. 1988)). 


4

SPECIAL RULES AND EXCEPTIONS (CONT.) 

Action Against Wrong Defendant 

If an action that was timely commenced is dismissed for 

failure to name the correct person as the defendant, the 

plaintiff may bring a new suit against the correct defendants 

within one year after the termination of the action (Conn. 

Gen. Stat. § 52-593 (2012)). 

Products Liability Statute of Repose 

An action may not be commenced against a party more ten 

years after the date that the party last had possession or 

control of the product (Conn. Gen. Stat. § 52-577a (2012)). 

However, this period can be extended if there is an express 

written warranty stating that the product may be used for a 

period longer than ten years (Conn. Gen. Stat. § 52-577a 

(2012)). The statute of repose does not preclude any action 

against a product seller who intentionally misrepresents 

a product or fraudulently conceals information about it if 

the misrepresentation or fraudulent concealment is the 

proximate cause of the plaintiff’s harm (Conn. Gen. Stat. § 

52-577a (2012)). 

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Connecticut Statute of Limitations Checklist - Kelley Drye

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