Understanding ORS 12.135 for Homeowners
What is ORS 12.135?
ORS 12.135 is a law in Oregon that sets time limits on when legal actions can be brought for issues related to the construction, alteration, or repair of your home. This law provides a clear timeframe within which homeowners can take legal action if they discover defects or issues with their property.
Key Points for Homeowners:
Statute of Ultimate Repose
This law sets a 10-year time limit for legal actions related to construction defects.
"Substantial completion" means the date when construction is complete enough for the property to be occupied or used.
Types of Actions Covered
Applies to legal action for damages, indemnity, or contribution related to construction, alterations, or repairs.
Covers issues such as structural defects, faulty workmanship, or non-compliance with building codes.
Discovery Rule
If a defect is found after 10 years, homeowners may have an additional 2 years to take action from the date of discovery.
The defect must have been found within the original 10-year period for this rule to apply.
What Does This Mean for You?
✅ Act promptly if you notice a problem related to construction.
✅ Document the issues and keep all builder/contractor records.
✅ Consult professionals to understand your rights and options.
✅ Waiting too long can limit your options, as legal action must be filed within the timeframe set by ORS 12.135.