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GOODWIN v. KINGSMEN PLASTERING, INC.

CC 1110128 CA A151821 SC S062925.

375 P.3d 463 (2016)

359 Or. 694

J. Michael GOODWIN and Sheila Goodwin, husband and wife, Respondents on Review, v. KINGSMEN PLASTERING, INC., a Washington corporation; Petitioner on Review, and Kingsmen Contracting, Inc., a Washington corporation; and T&M Pipeline, Inc., an Oregon corporation, dba T&M Pipeline Construction, Inc., Defendants.

Supreme Court of Oregon.

June 16, 2016.

Attorney(s) appearing for the Case

Jonathan Henderson , Davis Rothwell Earle & Zochihua P.C., Portland, argued the cause and filed the briefs for petitioner on review. With him on the briefs was Katie L. Smith , Henrie & Smith, LLP, Beaverton.

Dean E. Aldrich , Aldrich Eike, P.C., Portland, argued the cause and filed the brief for respondent on review. With him on the brief was Christopher C. Grady , Portland.

Lisa T. Hunt , Lake Oswego, filed the brief for amicus curiae Oregon Trial Lawyers Association.

Daniel T. Goldstein , Ball Janik, LLP, Portland, filed the brief for amici Orenco Gardens Homeowners Association, Dennis Hurlbut, and Phil and Lisa Lehwalder. With him on the brief were Adele J. Ridenour and Amy Heverly.

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

ORS 12.135(1)(a) provides that an action arising from the "construction, alteration or repair of any improvement to real property" must be commenced within "[t]he applicable period of limitation otherwise established by law." The question in this construction defect case is precisely what is the period of limitation "otherwise established...

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