ABRAHAM v. T. HENRY CONSTRUCTION, INC.

CV06060031; A136228.

217 P.3d 212 (2009)

230 Or. App. 564

Richard ABRAHAM and Janice Abraham, husband and wife, as trustees for the Richard D. Abraham and Janice M. Abraham Trust, Plaintiffs-Appellants, v. T. HENRY CONSTRUCTION, INC., an Oregon corporation; Stelmen Plastering, Inc., an Oregon corporation; Northwest Gutter Service, Inc., an Oregon corporation; Milgard Manufacturing, Inc., a Washington corporation; Steve Pfenning Construction, Inc., an Oregon corporation; David Farwell, an individual, dba David Farwell Masonry and David Oregon Farwell; One Cut Carpentry, LLC, fka One Cut Carpentry, Inc., aka Herold's Carpentry; and Maddox Enterprise, Inc., an Oregon corporation, Defendants, and Keith A. Lucas, an individual, dba Keith Lucas Development Properties; and Kevin G. Mayo, an individual, dba KGM Construction, Defendants-Respondents. Keith A. Lucas, dba Keith Lucas Development Properties, Third-Party Plaintiff, v. Energy Products, Inc., an Oregon corporation, dba NW Builders Wholesale, Ronald L. Hardy, dba Hardy Plumbing & Heating; JB Insulation, Inc., an Oregon corporation; Kirk's Construction Unlimited, an Oregon corporation; Milwaukie Plumbing Co., an Oregon corporation, dba MP Plumbing Co.; Tom Pacheco, fka Tom D. Pacheco Masonry; and Mel Wielrich, Third-Party Defendants.

Court of Appeals of Oregon.

Decided September 2, 2009.


Attorney(s) appearing for the Case

Peter J. Viteznik, Portland, argued the cause for appellants. With him on the brief were Kyle Sciuchetti, Lisa E. Lear, and Bullivant Houser Bailey PC. With him on the reply brief was Kilmer, Voorhees & Laurick, P.C.

Matthew J. Kalmanson argued the cause and filed the brief for respondent Keith A. Lucas.

Kenneth L. Walhood and Lisa K. Day filed the brief for respondent Kevin G. Mayo.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.


SCHUMAN, J.

Plaintiffs own a house that was built for them by several contractors and subcontractors, including defendants.1 After the house was finished, plaintiffs discovered damage to the property allegedly caused by water leakage. Sometime after that discovery, but more than eight years after the construction was substantially complete, plaintiffs brought this action against defendants, alleging breach of contract and negligence due...

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