Strizver v. Wilsey

Plaintiffs appeal from a judgment dismissing without prejudice this action for breach of a residential construction contract. Defendants moved, pursuant to ORS 701.595, to dismiss the action on the ground that plaintiffs had not complied with ORS 701.565 and ORS 701.575, which require homeowners to take certain steps to allow remediation of construction problems before bringing suit against residential contractors. The trial court, in granting dismissal, rejected plaintiffs’ arguments that ORS 701.565, ORS 701.575, and ORS 701.595 are inapplicable because the parties entered into and…