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A Tolling Agreement pauses the statute of limitations clock, giving parties extra time to resolve disputes before going to court. In Austria, these agreements are particularly useful under the three-year limitation period set by the Austrian Civil Code (ABGB) for most civil claims.

Companies and individuals use Tolling Agreements to explore settlement options, gather evidence, or negotiate without rushing to file lawsuits. The agreement must clearly specify which claims it covers and the exact time period being suspended. Under Austrian law, parties can't extend limitations beyond 30 years, even with a Tolling Agreement.

Consider a Tolling Agreement when you're approaching Austria's three-year statute of limitations but need more time to investigate or negotiate. This tool proves especially valuable in complex commercial disputes, construction defect cases, or professional liability matters where gathering evidence takes substantial time.

It's particularly useful when both parties want to avoid immediate litigation costs and prefer exploring settlement options. For example, in disputes involving multiple contractors or intricate technical issues, a Tolling Agreement gives experts time to assess damages properly. Just remember that under Austrian law, the total limitation period can't exceed 30 years, even with extensions.

• Standard Limitation Extension: Basic Tolling Agreements that simply pause Austria's statute of limitations for a specific period, commonly used in straightforward commercial disputes
• Conditional Tolling: Agreements that pause limitations only if certain events occur, like failed mediation attempts or expert assessments
• Selective Claims Tolling: Agreements covering specific claims while leaving others unaffected, useful in complex multi-party construction disputes
• Rolling Tolling: Agreements with automatic extension provisions, typically including clear termination mechanisms as required by Austrian civil law

• Corporate Legal Departments: Often initiate Tolling Agreements to preserve claims while investigating complex issues or negotiating settlements
• Construction Companies: Commonly use these agreements in defect cases to allow time for technical assessments
• Insurance Companies: Enter into Tolling Agreements to evaluate claims thoroughly before deciding on litigation
• External Law Firms: Draft and negotiate the agreements on behalf of clients, ensuring compliance with Austrian civil law
• Professional Service Providers: Use these agreements in liability disputes to maintain client relationships while resolving issues

• Initial Assessment: Identify all potential claims and calculate their individual limitation periods under Austrian law
• Party Details: Gather full legal names, addresses, and authority confirmation for all involved parties
• Claim Specifics: Document exact claims being tolled, relevant dates, and supporting evidence
• Time Parameters: Determine precise tolling period start and end dates, ensuring they don't exceed Austria's 30-year maximum
• Documentation Review: Collect related contracts, correspondence, and evidence that might affect the tolling scope
• Agreement Generation: Use our platform to create a legally compliant Tolling Agreement that includes all required elements

• Identification Section: Full legal names and addresses of all parties, including their authorized representatives
• Claims Description: Precise details of claims being tolled, with reference to underlying facts and dates
• Tolling Period: Clear start and end dates for the suspension of limitation periods
• Rights Preservation: Statement that all legal rights and defenses remain intact during tolling
• Austrian Law Clause: Explicit statement that Austrian law governs the agreement
• Termination Terms: Conditions and process for ending the tolling period
• Signature Block: Space for dated signatures of authorized representatives

A Tolling Agreement differs significantly from a Deferral Agreement, though both involve extending time periods. While a Tolling Agreement specifically pauses the statute of limitations for legal claims, a Deferral Agreement postpones contractual obligations or payments.

• Legal Effect: Tolling Agreements preserve legal rights by stopping the limitations clock, while Deferral Agreements modify existing payment or performance schedules
• Purpose: Tolling Agreements facilitate dispute investigation and settlement negotiations, whereas Deferral Agreements help manage financial or operational obligations
• Duration Impact: Tolling Agreements can't extend beyond Austria's 30-year absolute limitation period, but Deferral Agreements have no such restriction
• Typical Usage: Tolling Agreements are common in complex litigation scenarios, while Deferral Agreements are used in business restructuring or financial hardship situations