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ROMERO v. AMBURN

A175063.

523 P.3d 1135 (2022)

323 Or. App. 410

Mitchell ROMERO, Plaintiff-Appellant, v. Shannon C. AMBURN, dba Amburn Construction, LLC, dba Equity Quest Homes, LLC, dba SCA Construction, LLC, dba Kan Construction, LLC, Defendant-Respondent. John Does 1-20, Defendants. Amburn Construction, LLC, an Oregon Limited Liability Company, Third-Party Plaintiff-Respondent, v. NSC Installation, LLC, an Oregon limited liability company; and Bradley R. Schmautz and Marcus Blackmon, individuals dba Reliable Construction, Third-Party Defendants-Respondents.

Court of Appeals of Oregon.

December 29, 2022.

Attorney(s) appearing for the Case

Benjamin M. Karlin , Milwaukie, argued the cause and filed the briefs for appellant.

Jonathan Henderson , Portland, argued the cause for respondents Shannon C. Amburn and Amburn Construction, LLC. Also on the brief were Samuel K. Anderson and Davis Rothwell Earle & Xóchihua, P.C.

No appearance for respondents NSC Installation, LLC, Bradley R. Schmautz, and Marcus Blackmon.

Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge.

Plaintiff purchased a newly built house from defendant in 2008. Nearly 10 years later, he brought this action alleging hidden construction defects. Defendant moved for summary judgment on the contract claims, based on the six-year statute of limitations in ORS 12.080(1). Plaintiff opposed, arguing that the discovery rule applies to ORS...

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