We spend a lot of effort on this blog talking about the time deadlines for property owners to sue contractors and design professionals for negligence. There are two reasons for this: first, the law on this is rapidly evolving in Oregon. Second, it is of the utmost importance to contractors, design professionals, and property owners because there are very few absolute defenses to a claim for negligent construction besides the timing of claims. Also, since many property owners rightfully loathe to dive into a lawsuit, they may delay filing until absolutely necessary.
The news keeps coming. At the end of October, the Oregon Court of Appeals decided Riverview Condominium Association v. Cypress Ventures, Inc., et al., Case No A150586 (October 29, 2014). There, the defendants developed testimony and documents evidencing that various types of water leaks had been affecting the property for several years. The case discusses the “statute of repose” (the drop-dead deadline date for bringing any claims) as well as the “statute of limitations” (the time limit on bringing various claims). Continue Reading Oregon Court of Appeals holds cutoff time for negligent construction claims could be six years from discovery of a claim.