OR. LEGIS. 469 (2013), 2013 Oregon Laws Ch. 469 (S.B. 46)

Why This Senate Bill Is Important

Starting January 1, architects and engineers will enjoy a shorter exposure period to tort claims arising from large commercial projects. 

Oregon Senate Bill No. 46 amends ORS 12.135, shortening the repose period for claims against architects and engineers from ten years to six years on large commercial structures, effective January 1, 2014.

Oregon Senate Bill No. 46

Senate Bill No. 46 amends the existing statute of repose under ORS 12.135, which remains largely intact.  The most significant change arises in the section covering architects and engineers. 

ORS 12.135(3) currently states that actions against engineers and architects to recover damages for personal injury or property damage arising out of construction work shall be commenced within two years after the date of injury, or within two years of when the injury reasonably should have been discovered.  Further, with respect to the repose period, the statute provides that any claim shall be brought within ten years after substantial completion or abandonment of the work. 

As of January 1, 2014, Section (3) remains substantially the same.  However, significantly, it shortens the repose period for large commercial structures not owned or maintained by an HOA or association of unit owners to six years rather than ten.  The existing provisions for residential, small commercial, and large commercial structures owned or maintained by an HOA or association of unit owners remain the same.

This bill is not retroactive; it applies only to causes of action arising on or after the effective date of this 2013 Act.

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