72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 1968
 
                         House Bill 3022
 
Sponsored by Representative KNOPP (at the request of Associated
  General Contractors)
 
 
                             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.
 
  Shortens statute of repose from 10 years to six years for
certain civil actions arising out of construction, alteration or
repair of improvements to real property.
 
                        A BILL FOR AN ACT
Relating to statutes of repose; creating new provisions; and
  amending ORS 12.080 and 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, whether in contract,
tort or otherwise, arising from such person having performed the
construction, alteration or repair of any improvement to real
property or the supervision or inspection thereof, or from such
person having furnished the design, planning, surveying,
architectural or engineering services for such improvement, shall
be commenced within the applicable period of limitation otherwise
established by law; but in any event such action shall be
commenced within   { - 10 - }  { +  six + } years from
substantial completion or abandonment of such construction,
alteration or repair of the improvement to real property.
  (2) Notwithstanding subsection (1) 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 from the
construction, alteration or repair of any improvement to real
property { + , + } shall be commenced within two years from 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 - }  { +  six + }
years from substantial completion or abandonment of the
construction, alteration or repair.
  (3) For purposes of this section, '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.
  (4) For the 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.
  (5) This section:
  (a) Applies, in addition to other actions, to actions brought
in the name of the state or any county or other public
corporation therein, or for its benefit; 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. ORS 12.080 is amended to read:
  12.080. (1) An action upon a contract or liability, express or
implied, excepting those mentioned in ORS 12.070  { - , - }
 { + and + } 12.110
  { - and 12.135 - }  and except as otherwise provided in ORS
72.7250;
  (2) An action upon a liability created by statute, other than a
penalty or forfeiture, excepting those mentioned in ORS 12.110;
  (3) An action for waste or trespass upon or for interference
with or injury to any interest of another in real property,
excepting those mentioned in ORS 12.050, 12.060,
 { - 12.135, - }  12.137 and 273.241; or
  (4) An action for taking, detaining or injuring personal
property, including an action for the specific recovery thereof,
excepting an action mentioned in ORS 12.137;
 
shall be commenced within six years.
  SECTION 3.  { + (1) Except as provided in subsection (2) of
this section, the amendments to ORS 12.080 and 12.135 by sections
1 and 2 of this 2003 Act apply to all causes of action, whether
arising before, on or after the effective date of this 2003 Act.
  (2) The amendments to ORS 12.080 and 12.135 by sections 1 and 2
of this 2003 Act do not apply to any cause of action for which a
judgment has been entered in the register of a court before the
effective date of this 2003 Act. + }
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