- Court: Oregon Court of Appeals
- Area(s) of Law: Contract Law
- Date Filed: 01-30-2013
- Case #: A148755
- Judge(s)/Court Below: Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, J.
Plaintiff, Wood 快活视频 Terrace Apartments Limited Partnership (Wood 快活视频), appealed the trial court’s summary judgement verdict in favor of Tri-Vest, LLC (Tri-Vest). In 1999, Tri-Vest, a construction company, contracted with Wood 快活视频 to build an apartment complex. The parties signed a form of Substantial Completion on April 3, 2000. In 2008, Wood 快活视频 found “systemic catastrophic building envelope deficiencies” in the apartment complex and attributed the deficiencies to Tri-Vest. In 2010, Wood 快活视频 sued Tri-Vest for negligence, negligence per se, and nuisance. Tri-Vest moved for summary judgement arguing that, under the parties’ contract, the accrual period began on April 3, 2000. Therefore, pursuant to ORS 12.080(3), Wood 快活视频’s action was barred by the six year statute of limitations. The trial granted summary judgment. On appeal, Wood 快活视频 argued that the accrual clause only applied to contract claims and did not reach negligence claims. The Court of Appeals rejected Wood 快活视频’s argument holding that the accrual clause expressly applied to “any alleged cause of action.” Affirmed.