This form provides boilerplate contract clauses that limit the remedies available to the parties both under and outside the terms of the contract agreement. Several different language options representing various levels of restriction are included to suit individual needs and circumstances.
Indiana Limitation of Remedies and Damages Provisions
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FAQ
For damage to or destruction of personal property, Indiana Code section 34-11-2-4 gives property owners two years to get their lawsuit filed in court. For damage to or destruction of real property, Indiana Code section 34-11-2-7 gives property owners six years to get the lawsuit filed.
Generally, per Indiana Code 35-41-4-2, prosecution for an offense is forbidden unless it is commenced within five years after the commission of a Level 3, 4, 5, or 6 Felony offense. For misdemeanor offenses, the statute of limitations is two years after the commission of the offense.
Generally, Ind. Code § 35-43-1-2 defines the crime of criminal mischief as when a person recklessly, knowingly, or intentionally damages or defaces the property of another without his or her consent. This is the simplest form of the offense and is considered a Class B misdemeanor, which, under Ind.
Sec. 725. (1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued.
If you're charged with committing criminal mischief in Indiana, it starts as a Class B misdemeanor, which carries a maximum penalty of 180 days in jail and a $1,000 fine. The charge can increase, however, depending on the monetary loss suffered by the property owner.
The statute of limitations for breach of oral or written professional services contracts is two (2) years. The statute of limitations for breach of all other types of oral contracts is six (6) years. The statute of limitations for breach of all other written contracts is ten (10) years.
TIMELINE TO FILE: Indiana's statute of limitations for small claims filings is ten (10) years if you have a written contract, six (6) years if there is an oral contract, two (2) years for a personal injury claim, and two (2) years if property damage is alleged.
Serious Felonies Like Level 1 and 2 felonies, murder carries no statute of limitations.