Shell v. Schollander Companies

SCHUMAN, S. J.

This is a construction defect case brought by a homeowner alleging that water intrusion damage resulted from the negligence of defendant, the general contractor who built the house and from whom plaintiff bought it. The trial court granted defendant’s motion for summary judgment on the ground that plaintiff did not initiate this action within the 10-year statute of repose required by ORS 12.115, which begins to run from the time of “the act or omission complained of.” On appeal, plaintiff argues that the court erred in applying that statute; the correct statute, she maintains,…