ORS 701.585
Effect of notice of defect on time for commencing court action
(1)
If an owner sends a contractor, subcontractor or supplier a notice of defect within the time allowed for the owner to commence a court action against that contractor, subcontractor or supplier for a claim described in ORS 701.565 (Notice of defect requirement), the time for the owner to commence the action shall be extended, notwithstanding any statute of limitation or statute of ultimate repose, until the later of:(a)
One hundred and twenty days after the owner receives a written response from the contractor, subcontractor or supplier that received the notice of defect if the written response does not contain a written offer to perform remediation or pay monetary compensation for one or more of the defects or incidental damage described in the notice of defect;(b)
One hundred and twenty days after the owner rejects a written offer by any contractor, subcontractor or supplier to perform remediation or pay monetary compensation for one or more of the defects or incidental damage described in the notice of defect; or(c)
Thirty days after the date specified in an accepted written offer by which the offering contractor, subcontractor or supplier is to complete the remediation or complete payment of monetary compensation for one or more of the defects and any incidental damage described in the notice of defect.(2)
Subsection (1) of this section does not shorten or terminate the time for bringing a claim in accordance with applicable statutes of ultimate repose and statutes of limitation.(3)
Delivery of a secondary notice sent by a contractor, subcontractor or supplier under ORS 701.570 (Secondary notice of defect) does not act to toll the expiration of any right of the owner to commence a court action against the recipient of the secondary notice.(4)
Any remediation performed pursuant to an accepted offer made under ORS 701.570 (Secondary notice of defect) does not constitute a new performance and, for purposes of ORS 12.135 (Action for damages from construction, alteration or repair of improvement to real property), relates back to the earliest date of substantial completion or abandonment of the construction, alteration or repair of the improvement to real property. [2003 c.660 §6]
Source:
Section 701.585 — Effect of notice of defect on time for commencing court action, https://www.oregonlegislature.gov/bills_laws/ors/ors701.html.
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