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STRIZVER v. WILSEY

04CV-3931CC; A127761.

150 P.3d 10 (2006)

210 Or. App. 33

Richard STRIZVER and Susan Strizver, Appellants, v. Jeff S. WILSEY and Terri Wilsey, Respondents.

Court of Appeals of Oregon.

Decided December 20, 2006.

Attorney(s) appearing for the Case

Joel S. DeVore, Eugene, argued the cause for appellants. With him on the briefs was Luvaas Cobb.

Brian R. Talcott, Portland, argued the cause for respondents. With him on the brief were Dunn Carney Allen Higgins & Tongue LLP, and Randy C. Rubin and Christopher W. Peterman.

Steve Norman and The Gary Law Group filed the brief amicus curiae for Oregon Home Builders Association.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and LEONARD, Judge pro tempore.

HASELTON, P.J.

Plaintiffs appeal from a judgment dismissing without prejudice this action for breach of a residential construction contract. Defendants moved, pursuant to ORS 701.595, to dismiss the action on the ground that plaintiffs had not complied with ORS 701.565 and ORS 701.575, which require homeowners to take certain steps to allow remediation of construction problems before bringing suit against residential contractors. The trial court, in granting dismissal...

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