PIH Beaverton, LLC v. Super One, Inc.

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Defendant general contractor Super One, Inc., and various subcontractors, including defendant subcontractor T. T. & L. Sheet Metal, Inc., contracted with VIP's Industries, Inc. and VIP's Motor Inns, Inc. (VIP's) to build a hotel. Defendants began work in 1996. In early 1997, VIP's posted a "completion notice" pursuant to ORS 87.045. On or about that same date, VIP's also obtained a certificate for temporary occupancy and began accepting paying guests. However, a Certificate of Substantial Completion was not issued by the architect or accepted by VIP's as had been contemplated by the contract between the parties. After the date on which VIP's posted the completion notice, defendants continued to perform construction work. The county issued a certificate of final occupancy later that year. In 2006, plaintiff purchased the hotel and soon thereafter allegedly discovered damage. Plaintiff filed an action against defendants for negligence, nuisance, and trespass in 2007, a date more than 10 years after the posting of the completion notice but less than 10 years after the issuance of the certificate of final occupancy. Defendants moved for summary judgment, arguing that plaintiff's claims were barred by ORS 12.135. The issue this case presented to the Supreme Court was the meaning of the term "substantial completion" as used in ORS 12.135. The Court affirmed the decision of the Court of Appeals, and remanded the case to the circuit court for further proceedings. View "PIH Beaverton, LLC v. Super One, Inc." on Justia Law