Shell v. Schollander Companies, Inc.

The primary question in this construction defect case is which of two statutes of repose applies when a buyer enters into a purchase and sale agreement to buy an existing home. Although each statute provides for a 10-year period of repose, the two periods of repose run from different dates. One runs from “the date of the act or omission complained of.” ORS 12.115(1). The other runs from the date that construction is “substantial [ly] complet[e].” ORS 12.135(l)(b). In this case, the trial court found that plaintiff filed her action more than 10 years after “the date of the act or omission…