Oaktree Condominium Assn., Inc. v. Hallmark Bldg. Co.

{¶ 1} In this case, we are asked to decide if application of R.C. 2305.131, Ohio’s construction statute of repose, is constitutional. Thirteen years after construction was completed, the Oaktree Condominium Association (“Oaktree”) discovered that there was a defect in the construction of the foundation of their condominiums. At the time of discovery of the defect, in 2003, there was no real-property-construction statute of repose in effect. However, by the time Oaktree filed an action against the builder of the condominiums in 2007, the General Assembly had enacted a ten-year statute of…