Project owners and contractors often face challenges when defective building materials are used during construction. Bad building products can throw an entire construction project off kilter and, of course, can lead to litigation. Questions for the lawyer can abound. Is the contractor to blame for using the bad product? What if the project owner or architect selected the product? What about the manufacturer? Isn’t it responsible? While these questions are important, it’s often the details that can confuse even the most seasoned lawyer. Smaller issues, such as the applicable statute of limitation or repose, can become major headaches, particularly when the product is manufactured outside of the state where the lawsuit has been filed. Thankfully, the Oregon Supreme Court recently ruled on that exact issue, providing welcome guidance for lawyers, construction professionals, and project owners.
In June, the Oregon Supreme Court issued its opinion in Miller v. Ford Motor Co., 363 Or 105 (2018). In Miller, the Court held that when a product liability action is properly filed in Oregon, and the case involves a product manufactured in a state that has no statute of repose for an equivalent action, then the Oregon claim is also not subject to a statute of repose.