Bill Text: OR HB2500 | 2011 | Regular Session | Introduced

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Bill Title: Relating to statutes of limitation.

Spectrum: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB2500 Detail]

Download: Oregon-2011-HB2500-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 2685

                         House Bill 2500

Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Consumer Protection and Government Accountability)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Removes certain statutes of limitation for actions brought by
public bodies arising out of construction, alteration or repair
of improvement to real property.

                        A BILL FOR AN ACT
Relating to statutes of limitation; creating new provisions; and
  amending ORS 12.135.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 12.135 is amended to read:
  12.135. (1) An action against a person   { - by a plaintiff who
is not a public body - } , whether in contract, tort or
otherwise, arising from the person having performed the
construction, alteration or repair of any improvement to real
property or the supervision or inspection thereof, or from the
person having furnished design, planning, surveying,
architectural or engineering services for the improvement, must
be commenced before the earliest of:
  (a) The applicable period of limitation otherwise established
by law;
  (b) Ten years after substantial completion or abandonment of
the construction, alteration or repair of a small commercial
structure, as defined in ORS 701.005, a residential structure, as
defined in ORS 701.005, or a large commercial structure, as
defined in ORS 701.005, that is owned or maintained by a
homeowners association, as defined in ORS 94.550, or that is
owned or maintained by an association of unit owners, as defined
in ORS 100.005; or
  (c) Six years after substantial completion or abandonment of
the construction, alteration or repair of a large commercial
structure, as defined in ORS 701.005, other than a large
commercial structure described in paragraph (b) of this
subsection.
    { - (2) An action against a person by a public body, whether
in contract, tort or otherwise, arising from the person having
performed the construction, alteration or repair of any
improvement to real property or the supervision or inspection
thereof, or from the person having furnished design, planning,
surveying, architectural or engineering services for the
improvement, must be commenced not more than 10 years after
substantial completion or abandonment of such construction,
alteration or repair of the improvement to real property. - }
    { - (3) - }  { +  (2) + } Notwithstanding
 { - subsections - }  { +  subsection + } (1)   { - and (2) - }
of this section, an action against a person for the practice of
architecture, as defined in ORS 671.010, the practice of
landscape architecture, as defined in ORS 671.310, or the
practice of engineering, as defined in ORS 672.005, to recover
damages for injury to a person, property or to any interest in
property, including damages for delay or economic loss,
regardless of legal theory, arising out of the construction,
alteration or repair of any improvement to real property shall be
commenced within two years after the date the injury or damage is
first discovered or in the exercise of reasonable care should
have been discovered; but in any event the action shall be
commenced within 10 years after substantial completion or
abandonment of the construction, alteration or repair.   { - This
subsection applies to actions brought by any person or public
body. - }
    { - (4) - }  { +  (3) + } For purposes of this
section { + , + }  { - : - }
    { - (a) 'Public body' has the meaning given that term in ORS
174.109; and - }
    { - (b) - }  'substantial completion' means the date when the
contractee accepts in writing the construction, alteration or
repair of the improvement to real property or any designated
portion thereof as having reached that state of completion when
it may be used or occupied for its intended purpose or, if there
is no such written acceptance, the date of acceptance of the
completed construction, alteration or repair of such improvement
by the contractee.
    { - (5) - }  { +  (4) + } For purposes of this section, an
improvement to real property shall be considered abandoned on the
same date that the improvement is considered abandoned under ORS
87.045.
    { - (6) - }  { +  (5) + } This section:
  (a) Applies to an action against a manufacturer, distributor,
seller or lessor of a manufactured dwelling, as defined in ORS
446.003, or of a prefabricated structure, as defined in ORS
455.010; and
  (b) Does not apply to actions against any person in actual
possession and control of the improvement, as owner, tenant or
otherwise, at the time such cause of action accrues.
  SECTION 2.  { + The amendments to ORS 12.135 by section 1 of
this 2011 Act operate to revive any cause of action by a public
body that was barred by ORS 12.135 as in effect immediately
before the effective date of this 2011 Act. + }
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