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SHELL v. SCHOLLANDER COMPANIES, INC.

C106480CV; A150509.

336 P.3d 569 (2014)

265 Or. App. 624

Melissa SHELL, an individual, Plaintiff-Appellant, v. THE SCHOLLANDER COMPANIES, INC., dba Schollander Development Company, Defendant-Respondent. The Schollander Companies, Inc., dba Schollander Development Company, an Oregon corporation, Third Party Plaintiff, v. Kustom Built Construction, LLC, an Oregon limited liability company; HL Stucco Systems, Inc., an Oregon corporation; Newside, Inc., an Oregon corporation; Westurn Cedar, Inc., an Oregon corporation; and J & R Gutter Services, Inc., an Oregon corporation, Third Party Defendants.

Court of Appeals of Oregon.

Decided September 24, 2014.

Attorney(s) appearing for the Case

Christopher C. Grady , Portland, argued the cause for appellant. With him on the briefs were Kevin A. Eike and Aldrich Eike, P.C.

Paul E. Sheely , Portland, argued the cause for respondent. With him on the brief was Stephen E. Archer.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and SCHUMAN, Senior Judge.

SCHUMAN, S.J.

This is a construction defect case brought by a homeowner alleging that water intrusion damage resulted from the negligence of defendant, the general contractor who built the house and from whom plaintiff bought it. The trial court granted defendant's motion for summary judgment on the ground that plaintiff did not initiate this action within the 10-year statute of repose required by ORS 12.115, which begins...

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