Earlier this year, New York`s Appellate Division, 1stDepartment, ruled on a case between a construction company and a security company in which the parties had attempted to reduce the normal limitation period that would apply in the event of a breach. In AWI Security and Investigators, Inc. v. Whitestone Constr. Corp., the contract by which the claimant provided security on the construction site meant that the rights under the contract had to be invoked within six months of the opening of a claim, the termination of the contract or the last day on which AWI provided security for the contract. Depending on what happened first. IMPORTANT: Be sure to read the law that applies to your particular case, as there may be exceptions or other laws that apply to the facts in your case. Talk to a lawyer to make sure you understand the limitation period that applies to your specific case. However, the Appeal Division objected and found that the contractual provision was not applicable because it created a scenario in which a claim could be time-barred before it could be invoked. In this case, Whitestone had a defense against non-payment of the money owed under the contract with the AWI due to the ongoing action. However, that measure would not be resolved within six months of the last provision of security services by the AWI. Accordingly, the Tribunal held that the shortening of the limitation period was not applicable because it transformed the limitation period into “nullity of the claim”. It is not easy to determine when the limitation period of a right has expired.
If you have any doubts about how to calculate the time you have, talk to a lawyer. Click here for help finding a lawyer. Mutual aid resources in your jurisdiction can also help you learn more about the statute of limitations in your case. Click here for help from your dish. The limitation period is still in progress until you have taken any guilty measures. Be careful not to take any steps that could revive the prescription. It would give the creditor more time to sue you and get a verdict against you….