RulesofCivilProcedure.com Civil Procedure · Every State

§ 9-3-26.Other actions on contracts; exception

Chapter 3. Limitations of Actions · Article 2. Specific Periods of Limitation · Last amended 1962 · Last verified July 17, 2026

In one sentenceAny contract action, express or implied, that no other Code section specifically addresses must be brought within four years of accrual, except claims for breach of a contract for the sale of goods, which follow Title 11 instead.

Full Text of § 9-3-26

Text size

All other actions upon contracts express or implied not otherwise provided for shall be brought within four years from the accrual of the right of action. However, this Code section shall not apply to actions for the breach of contracts for the sale of goods under Article 2 of Title 11.

Plain-English Summary

Georgia's contract-limitations scheme handles several specific categories by name: sealed instruments, simple written contracts, open accounts. O.C.G.A. § 9-3-26 catches everything left over. Any action on a contract, express or implied, that does not fit one of the more specific sections gets a four-year period running from when the right of action accrues.

This residual role means the section rarely stands alone in a lawyer's analysis. It only comes into play after ruling out the more specific provisions — sealed instruments under O.C.G.A. § 9-3-23, written contracts under O.C.G.A. § 9-3-24, open accounts and unsigned contracts under O.C.G.A. § 9-3-25 — that would otherwise control. When a contract claim does not fit any of those boxes, this section fills the gap with the same four-year period that applies to open accounts.

As with its neighbors, this section leaves sale-of-goods contracts alone. Those claims run on the timetable Article 2 of Title 11 sets, not on the general contract periods in this article.

Frequently Asked Questions

What kind of contract claim does this catchall section cover?

Any action on a contract, express or implied, that is not otherwise provided for elsewhere in the limitations statutes — a residual category for contract claims that do not fit a more specific Code section.

How long is the limitations period under this section?

Four years from the accrual of the right of action.

Does this section apply to a contract for the sale of goods?

No. Like the neighboring contract sections, it excludes actions for breach of contracts for the sale of goods under Article 2 of Title 11.

How do I know whether my contract claim falls under this section or a more specific one?

Check whether the claim fits a more specific category first — sealed instruments, signed written contracts, or open accounts and unsigned contracts each have their own section. This section applies only when none of those fit.

Does the four-year period here match the period for open accounts?

Yes. Both this section and O.C.G.A. § 9-3-25 use a four-year period, though they cover different categories of contract claims.

Amendment History

Ga. L. 1855-56, p. 233, § 18; Code 1863, § 2864; Code 1868, § 2872; Code 1873, § 2923; Code 1882, § 2923; Civil Code 1895, § 3774; Civil Code 1910, § 4368; Code 1933, § 3-711; Ga. L. 1962, p. 156, § 1.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
Also known as: georgia catchall contract statute of limitationsimplied contract not otherwise provided georgiaocga 9-3-26 explained4 year contract claim deadline georgiaresidual contract limitations period georgia