ORS 12.135
Action for damages from construction, alteration or repair of improvement to real property

  • “substantial completion” defined
  • application

(1)

An action against a person by a plaintiff who is not a public body, whether in contract, tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having furnished design, planning, surveying, architectural or engineering services for the improvement, must be commenced before the earliest of:

(a)

The applicable period of limitation otherwise established by law;

(b)

Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure, as defined in ORS 701.005 (Definitions), a residential structure, as defined in ORS 701.005 (Definitions), or a large commercial structure, as defined in ORS 701.005 (Definitions), that is owned or maintained by a homeowners association, as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783), or that is owned or maintained by an association of unit owners, as defined in ORS 100.005 (Definitions); or

(c)

Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure, as defined in ORS 701.005 (Definitions), other than a large commercial structure described in paragraph (b) of this subsection.

(2)

An action against a person by a public body, whether in contract, tort or otherwise, arising from the person having performed the construction, alteration or repair of any improvement to real property or the supervision or inspection thereof, or from the person having furnished design, planning, surveying, architectural or engineering services for the improvement, must be commenced not more than 10 years after substantial completion or abandonment of such construction, alteration or repair of the improvement to real property.

(3)

Intentionally left blank —Ed.

(a)

Notwithstanding subsections (1) and (2) of this section, an action against a person registered to practice architecture under ORS 671.010 (Definitions) to 671.220 (Board action to enjoin violations), a person registered to practice landscape architecture under ORS 671.310 (Definitions for ORS 671.310 to 671.459) to 671.459 (State Landscape Architect Board) or a person registered to practice engineering under ORS 672.002 (Definitions for ORS 672.002 to 672.325) to 672.325 (Civil penalties) to recover damages for injury to a person, property or to any interest in property, including damages for delay or economic loss, regardless of legal theory, arising out of the construction, alteration or repair of any improvement to real property must be commenced before the earliest of:

(A)

Two years after the date the injury or damage is first discovered or in the exercise of reasonable care should have been discovered;

(B)

Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure, as defined in ORS 701.005 (Definitions), a residential structure, as defined in ORS 701.005 (Definitions), or a large commercial structure, as defined in ORS 701.005 (Definitions), that is owned or maintained by a homeowners association, as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783), or that is owned or maintained by an association of unit owners, as defined in ORS 100.005 (Definitions); or

(C)

Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure, as defined in ORS 701.005 (Definitions), other than a large commercial structure described in subparagraph (B) of this paragraph.

(b)

This subsection applies to actions brought by any person or public body.

(4)

For purposes of this section:

(a)

“Public body” has the meaning given that term in ORS 174.109 (“Public body” defined); and

(b)

“Substantial completion” means the earliest of:

(A)

The date when the contractee accepts in writing the construction, alteration or repair of the improvement to real property or any designated portion thereof as having reached that state of completion when it may be used or occupied for its intended purpose or, if there is no such written acceptance, the date of acceptance of the completed construction, alteration or repair of such improvement by the contractee;

(B)

The date when a public body issues a certificate of occupancy for the improvement; or

(C)

The date when the owner uses or occupies the improvement for its intended purpose.

(5)

For purposes of this section, an improvement to real property is considered abandoned on the same date that the improvement is considered abandoned under ORS 87.045 (Completion date of improvement).

(6)

This section:

(a)

Applies to an action against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285), or of a prefabricated structure, as defined in ORS 455.010 (Definitions for ORS chapter 455); and

(b)

Does not apply to actions against any person in actual possession and control of the improvement, as owner, tenant or otherwise, at the time such cause of action accrues. [1971 c.664 §§2,3,4; 1983 c.437 §1; 1991 c.968 §1; 2009 c.485 §3; 2009 c.715 §1; 2013 c.469 §1; 2019 c.327 §1]

Source: Section 12.135 — Action for damages from construction, alteration or repair of improvement to real property; “substantial completion” defined; application, https://www.­oregonlegislature.­gov/bills_laws/ors/ors012.­html.

12.010
Time of commencing actions
12.020
When action deemed begun
12.040
Limitations of suits generally
12.050
Action to recover real property
12.060
Suit or action on land contracts
12.070
Action on judgment, decree or sealed instrument
12.080
Action on certain contracts or liabilities
12.085
Action against garnishee
12.090
Accounts
12.100
Action on official act or penalty
12.110
Actions for certain injuries to person not arising on contract
12.115
Action for negligent injury to person or property
12.117
Actions based on child abuse
12.118
Action based on conduct that constitutes sexual assault of adult or conduct knowingly allowing, permitting or encouraging sexual assault of adult
12.120
Action on escape
12.125
Action arising under rental agreement
12.130
Action for penalty
12.132
Action arising out of real estate appraisal activity or appraisal review
12.135
Action for damages from construction, alteration or repair of improvement to real property
12.137
Action for loss of or damage to property arising from nuclear incident
12.140
Actions not otherwise provided for
12.150
Suspension of running of statute by absence or concealment
12.155
Effect of notice of advance payment on running of period of limitation
12.160
Suspension for minors and persons who have disabling mental condition
12.170
Disability must exist when right of action accrues
12.180
Coexisting disabilities must all be removed
12.190
Effect of death on limitations
12.195
Effect of attorney death on limitations
12.200
Suspension by war as to noncitizen
12.210
Suspension by injunction or prohibition of statute
12.220
Commencement of new action after involuntary dismissal
12.230
Acknowledgment or promise taking contract case out of statute
12.240
Effect of payment after obligation becomes due
12.250
Actions by state, county or public corporations
12.270
Conclusive presumption of validity of governmental subdivision boundary proceedings one year after effective date
12.272
Action based on pesticide application
12.274
Action against trustee of express trust
12.276
Action for death, injury or damage resulting from breast implants
12.278
Action against manufacturer of certain pickup trucks
12.280
Action based on practice of land surveying
12.282
Action against manufacturer of extendable equipment
12.410
Definitions for ORS 12.410 to 12.480
12.420
Purpose
12.430
Claims based on law of other states
12.440
Application of statutes and rules governing conflict of laws
12.450
When limitation period of another state not applicable
12.460
Claims to which statutes apply
12.470
Severability
12.480
Short title
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