The Oregon Supreme Court issued a decision on February 19, 2016, affirming a decision to dismiss a homeowner’s claim against a builder for defective construction.
In Shell v. Schollander Companies, Inc., 350 Or 552 (2016), defendant, a builder, began construction on a “spec” home in 1999. When the home was approximately 95 percent complete, plaintiff purchased the home from defendant. On June 22, 2000, defendant recorded a notice of completion, and the county issued a certificate of occupancy seven days later. Defendant, however, was still making repairs to the house until the sale closing date—July 12, 2000. Plaintiff subsequently commenced an action against defendant on June 25, 2010, alleging that the outside shell of the house had been negligently constructed. Defendant filed a motion arguing that plaintiff’s claims were time-barred.