Lozano v. Schlesinger

Plaintiffs appeal a summary judgment dismissing their claim of negligence because it is barred by a statute of ultimate repose. We reverse and remand.

The relevant facts are undisputed. Defendant built a house for his own family. He filed a “notice of completion” on May 30, 1989. Such a notice triggers a 75-day period within which potential lien claimants may perfect any construction liens. ORS 87.045. Defendant and his family moved into the house the following month and lived there until 1992, when they sold it to Pavel and Jimison, who lived there for approximately five years.

In June 1997,…