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Wood Park Terrace Apartments Limited Partnership v. Tri-Vest, LLC

Summarized by: 

Date Filed: 01-30-2013
Case #: A148755
Hadlock, J. for the Court; Ortega, P.J.; and Sercombe, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A148755.pdf

Contract Law: Under Oregon contract law, the statute of limitations for negligence claims begins to accrue at the moment established in the contract.

Plaintiff, Wood Park Terrace Apartments Limited Partnership (Wood Park), 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 Park to build an apartment complex. The parties signed a form of Substantial Completion on April 3, 2000. In 2008, Wood Park found “systemic catastrophic building envelope deficiencies” in the apartment complex and attributed the deficiencies to Tri-Vest. In 2010, Wood Park 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 Park’s action was barred by the six year statute of limitations. The trial granted summary judgment. On appeal, Wood Park argued that the accrual clause only applied to contract claims and did not reach negligence claims. The Court of Appeals rejected Wood Park’s argument holding that the accrual clause expressly applied to “any alleged cause of action.” Affirmed.