Development Law Group Update: Newly Passed Oregon Statute Awaiting Governor's Signature Would Reduce Length of Time for Owners of "Large Commercial Buildings" to Assert Defective Design and Construction Claims from 10 Years to Six Years
7/8/2009
Oregon HB 2434 was passed by the House of Representatives on May 4, 2009 and by the Senate on June 22, 2009. HB 2434 is currently awaiting the Governor's approval or veto. The bill would reduce from 10 years to six years the maximum time period during which an owner of a "large commercial building" could assert claims against those who performed design, planning, surveying, architecture, engineering, construction, repair, or construction supervision or inspection of or for the building.
As defined in the statute, the term "large commercial building" includes, but is not limited to, any of the following types of buildings that are privately owned (publicly owned buildings are not included):
- residential structure of more than four stories
- mixed-use project
- commercial structure that cost more than $250,000 to construct
- motel or hotel
- nursing home
- hospital
- recreational facility
- commercial structure with a ground area of more than 10,000 square feet or a height of more than 20 feet
- commercial rental unit in a larger structure, if the unit has a ground area of more than 12,000 feet or a height of more than 20 feet
If you are opposed to—or favor—this significant change in Oregon's statutes, we encourage you to contact Governor Kulongoski at:
The Honorable Governor Ted Kulongoski
State of Oregon
900 Court Street, Room 160
Salem, OR 97310
Fax: (503) 378-6827
Because the Governor could take action on HB 2434 at any time, please convey your comments as soon as possible in order to increase the likelihood that they will be considered.
If you have any questions about the issues of this update, please contact: