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Can a contract shorten the time you have to sue?

By FixMyContractLast updated Oct 7, 20264 min read

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Short answer: In most US states, yes — a contract can usually set a deadline for bringing a claim that is shorter than the state's statute of limitations, as long as the shorter period is reasonable. Some states limit this by statute. Maryland is a recent example. Since June 1, 2026, a consumer contract there generally can't set a shorter time to sue than state law allows, and from October 1, 2026 the same law also voids clauses that waive statutory damages, punitive damages, declaratory relief or injunctive relief where the law authorizes them. Neither change is retroactive, and some contracts are exempt.

What the clause looks like

It rarely says "statute of limitations." Look for wording such as:

  • "Any claim arising out of this Agreement must be brought within one (1) year after the claim arises."
  • "You agree that any cause of action … is permanently barred unless filed within six months."
  • "In no event shall either party be liable for punitive or exemplary damages."

These often sit next to an arbitration clause, a limitation-of-liability clause or a "Disputes" section, so read those sections together.

The general US rule

In Order of United Commercial Travelers v. Wolfe (1947), the US Supreme Court said a contract "may validly limit, between the parties, the time for bringing an action" to less than the general statute of limitations, "provided that the shorter period itself shall be a reasonable period." Courts still start from that idea, which means a shortened deadline in a contract is often enforceable unless a statute in your state says otherwise or a court finds the period unreasonable. What counts as "reasonable" depends on the state and the facts.

What Maryland changed in 2026

Maryland first barred shorter claim deadlines in consumer contracts with House Bill 431 (Chapter 194 of 2025, in effect June 1, 2026). House Bill 103 (Chapter 308 of 2026, signed April 28, 2026, in effect October 1, 2026) then rewrote Commercial Law § 14-1328. For a consumer contract — a contract for goods or services "for personal, family, or household purposes" — the section as amended makes these provisions "against State public policy, illegal, and void":

  1. A provision that waives, limits, impairs or disclaims these remedies when federal or state law authorizes them: statutory damages; punitive damages (including for intentional, knowing or reckless violations of law); declaratory relief; injunctive relief.
  2. A provision that sets a shorter time to bring an action than state law required when the contract was issued or delivered. Maryland's general deadline for a civil action is three years from when the claim accrues (Courts and Judicial Proceedings § 5-101), unless another law sets a different period.

Other points in the text:

  • One exception: a consumer contract may cap statutory or punitive damages at the applicable limit of insurance coverage.
  • The rest of the contract survives: a court may not give effect to the void provision but shall enforce the remainder "to the extent practicable."
  • Arbitration: the section applies equally to contracts with or without an arbitration clause, and it does not invalidate an arbitration provision that is enforceable under the Federal Arbitration Act.
  • No opting out: the section can't be waived by agreement.
  • Not retroactive: each law applies only to contracts entered into on or after its own effective date.
  • Exemptions: the section doesn't apply to contracts for self-service storage, services regulated by the Maryland Public Service Commission, the FCC or FERC, or licensed security-system services. The 2025 version also exempted any business operating under a state license or franchise; the 2026 law removed that broad exemption.

This is a consumer-contract rule. A business-to-business agreement, a freelance contract with a company or an employment contract is not automatically covered. Check whether your contract is "for personal, family, or household purposes."

What to do when you find one

  1. Note the exact deadline and when it starts. "Within one year after the claim arises" and "within one year after delivery" can be very different dates.
  2. Check governing law. A contract governed by another state's law may be treated differently; see governing law.
  3. Read the arbitration and liability sections together. See should I sign an arbitration agreement? and limitation of liability.
  4. Before you sign, ask. A reasonable request: "Please change the claims deadline to the period allowed by applicable law."
  5. After a dispute starts, don't rely on the clause being void. Whether a provision is enforceable is a question for a lawyer licensed in your state; if a deadline may be running, talk to one early.

Where FixMyContract fits

Upload a contract and FixMyContract reads it, quotes the clauses it flags and explains each one in plain English. On the Free plan the two most severe findings are shown in full; Pro, Expert and Business show every finding and add suggested replacement wording you can bring to the other side. It doesn't decide whether a Maryland rule, or any state rule, applies to your contract. Related: what makes a contract void.

This guide is general information, not legal advice. Laws change and depend on your facts and your state; for a specific dispute, talk to a licensed attorney.

Sources

All links checked 7 October 2026.

  1. Maryland General Assembly, HB 431 (2025 session), Chapter 194 of 2025 — https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/HB0431?ys=2025RS
  2. Maryland General Assembly, HB 103 (2026 session), Chapter 308 of 2026 — https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0103?ys=2026RS
  3. HB 103, enrolled bill text (PDF) — https://mgaleg.maryland.gov/2026RS/bills/hb/hb0103E.pdf
  4. Maryland Courts and Judicial Proceedings § 5-101 (PDF) — https://mgaleg.maryland.gov/2025RS/Statute_Web/gcj/5-101.pdf
  5. Order of United Commercial Travelers v. Wolfe, 331 U.S. 586 (1947) (Legal Information Institute, Cornell) — https://law.cornell.edu/supremecourt/text/331/586

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