Oregon affirms discovery rule for negligent construction claims

By Kevin Clonts, Claude Bosworth and Allen Eraut

In Goodwin v. Kingsmen Contracting, Inc., the Oregon Court of Appeals upheld its recent holding in Riverview Condominium Ass’n v. Cypress Ventures, Inc. that construction defect claims are subject to a six-year statute of limitation and that the statute of limitation is subject to a discovery rule. “With the discovery rule, the period of limitations would be deemed to commence upon either the date that plaintiff actually discovered the injury or the date that a person exercising reasonable care should have discovered the injury.” The trial court had applied a six-year statute of limitation, but did not apply a discovery rule. Because the trial court had not applied a discovery rule, the Court of Appeals reversed the grant of summary judgment in favor of the defendant contractor.

The full decision can be found here: http://www.publications.ojd.state.or.us/docs/A151821.pdf



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