LOZANO v. SCHLESINGER

9910-11535, A113569.

84 P.3d 816 (2004)

191 Or. App. 400

Norris LOZANO and Kandace Lozano, Appellants, v. Miles SCHLESINGER, Respondent.

Court of Appeals of Oregon.

Decided January 21, 2004.


Attorney(s) appearing for the Case

Michael A. Cox, Portland, argued the cause and filed the briefs for appellants.

Richard S. Pope, Portland, argued the cause for respondent. With him on the brief were Brent H. Hall, Portland, and Newcomb, Sabin, Schwartz & Landsverk, LLP.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.


LANDAU, P.J.

Plaintiffs appeal a summary judgment dismissing their claim of negligence because it is barred by a statute of ultimate repose. We reverse and remand.

The relevant facts are undisputed. Defendant built a house for his own family. He filed a "notice of completion" on May 30, 1989. Such a notice triggers a 75-day period within which potential lien claimants may perfect any construction liens. ORS 87.045. Defendant and his family moved into the house...

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