The Delaware Statute of Limitations for contract claims v. claims for wages was compared and contrasted in Weik, Nitsche & Dougherty, LLC v. Pratcher, C.A. No. 2018-0803-MTZ (Del. Ch. Aug. 26, 2020). In sum:

  • Delaware has a three-year statute of limitations for most contract claims pursuant to 10 Del. C. section 8106
  • For wage claims, generally a one-year statute of limitation applies under 10 Del. C. section 8111, but:
  • where those types of claims overlap and the dividing line between them is not clear, then:
  • this letter ruling should be read carefully for its analysis of this topic. See Slip op. at 15-19.