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SHELL v. SCHOLLANDER COMPANIES, INC.

(CC 106480CV; CA A150509; SC S062791).

369 P.3d 1101 (2016)

358 Or. 552

Melissa SHELL, an individual, Petitioner on Review, v. The SCHOLLANDER COMPANIES, INC., dba Schollander Development Company, Respondent on Review. 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; Western Cedar, Inc., an Oregon corporation; and J & R Gutter Services, Inc., an Oregon corporation, Third-Party Defendants.

Supreme Court of Oregon.

Decided February 19, 2016.

Attorney(s) appearing for the Case

Daniel T. Goldstein , Ball Janik, LLP, Portland, argued the cause for petitioner on review. Christopher C. Grady , Aldrich Eike, P.C., Portland, filed the brief for petitioner on review. With him on the brief was Kevin A. Eike.

Paul E. Sheely , Smith Freed & Eberhard P.C., Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Jakob Lutkavage-Dvorscak.

Adele J. Ridenour , Ball Janik LLP, Portland, filed the brief for amicus curiae Gerald and Melissa McKee. With her on the brief were Philip E. Joseph and James C. Pritchard.

Christine Moore , Landye Bennett Blumstein LLP, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, Brewer, and Nakamoto, Justices.

The primary question in this construction defect case is which of two statutes of repose applies when a buyer enters into a purchase and sale agreement to buy an existing home. Although each statute provides for a 10-year period of repose, the two periods of repose run from different dates. One runs from "the date of the act or omission...

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