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PRESBYTERIAN CHURCH v. BROCKAMP & JAEGER

C091601CV; A146006.

295 P.3d 62 (2012)

254 Or. App. 24

SUNSET PRESBYTERIAN CHURCH, an Oregon non-profit corporation, Plaintiff-Appellant, v. BROCKAMP & JAEGER, INC., an Oregon corporation; Anderson Roofing Co., an Oregon corporation; Shupe Roofing, Inc., fka Epuhs, Inc. and/or Dial One Shupe Roofing, an Oregon corporation; Positive Construction, Inc., an inactive Oregon corporation; Woodburn Masonry, an Oregon corporation; Sharp & Associates, Inc., an Oregon corporation; and Portland Sheet Metal Works, Inc., an Oregon corporation, Defendants-Respondents, and Divers Window & Door, Inc., an inactive Oregon corporation; et al, and The Harver Company, an Oregon corporation, Defendants.

Court of Appeals of Oregon.

Decided December 12, 2012.

Attorney(s) appearing for the Case

Daniel Goldstein , Portland, argued the cause for appellant. On the briefs were Phillip E. Joseph , James C. Prichard , Daniel R. Webert , and Ball Janik, LLP.

Anne Cohen , Portland, argued the cause for respondent Brockamp & Jaeger, Inc. With her on the brief were Bruce R. Gilbert and Smith Freed & Eberhard P.C.

Jonathan W. Henderson , Portland, argued the cause for respondent Portland Sheet Metal Works, Inc. With him on the brief were Elizabeth E. Lampson and Davis Rothwell Earle & Xochihua P.C.

Michael T. Stone filed the brief for respondent Anderson Roofing Co.

John W. Kendall, III and Blunck & Walhood, LLC filed the brief for respondent Positive Construction, Inc.

Rima I. Ghandour , Ann V. Wolf , and Wiles Law Group, LLC, filed the brief for respondent Sharp & Associates, Inc.

Daniel L. Dvorkin , Betsy A. Gillaspy , Salmi & Gillaspy, PLLC, Rima I. Ghandour , Lydia M. Godfrey , and Wiles Law Group, LLC, filed the brief for respondent Shupe Roofing, Inc.

Norma S. Ninomiya filed the brief for respondent Woodburn Masonry.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.

ARMSTRONG, P.J.

Plaintiff appeals a judgment for defendants, assigning error to the trial court's grant of summary judgment to defendants, which was based on the court's conclusion that plaintiff's claims were time barred. We conclude that the trial court erred in granting summary judgment and, accordingly, reverse and remand.

Plaintiff is a Portland church. Defendants are the general contractor with which plaintiff contracted to construct the first phase...

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