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SUNSET PRESBY. CHURCH v. BROCKAMP & JAEGER

(CC C091601CV; CA A146006; SC S061171 (Control)).

325 P.3d 730 (2014)

355 Or. 286

SUNSET PRESBYTERIAN CHURCH, an Oregon non-profit corporation, Respondent on Review, v. BROCKAMP & JAEGER, INC., an Oregon non-profit corporation, Petitioner on Review, and Anderson Roofing, Co., an Oregon corporation; Shupe Roofing, Inc., fka Epuhs, Inc., and/or Dial One Shupe Roofing, an Oregon corporation; Positive Construction, Inc., an inactive Oregon corporation; Woodburn Masonry, an Oregon corporation; Sharp & Associates, Inc., an Oregon corporation; and Portland Sheet Metal Works, Inc., an Oregon corporation, Defendants-Respondents, and Divers Window & Door, Inc., an inactive Oregon corporation, et al; and The Harver Company, an Oregon corporation, Defendants. Sunset Presbyterian Church, an Oregon non-profit corporation, Respondent on Review, v. Brockamp & Jaeger, Inc., an Oregon corporation; Shupe Roofing, Inc., fka Epuhs, Inc., and/or Dial One Shupe Roofing, an Oregon corporation; Positive Construction, Inc., an inactive Oregon corporation; Woodburn Masonry, an Oregon corporation; Sharp & Associates, Inc., an Oregon corporation; and Portland Sheet Metal Works, Inc., an Oregon corporation, Defendants-Respondents, Metal Works, Inc., an Oregon corporation, Defendants-Respondents, and Anderson Roofing, Co., an Oregon corporation, Petitioner on Review, and Divers Window & Door, Inc., an inactive Oregon corporation, et al; and the Harver Company, an Oregon corporation, Defendants.

Supreme Court of Oregon, En Banc.

Decided April 24, 2014.

Attorney(s) appearing for the Case

Anne Cohen, Smith Freed & Eberhard P.C., Portland, argued the cause and filed the briefs for petitioner on review Brockamp & Jaeger, Inc. With her on the brief was Bruce R. Gilbert.

Michael T. Stone, Brisbee & Stockton, LLC, Hillsboro, argued the cause for petitioner on review Anderson Roofing Co., Inc.

Daniel T. Goldstein, Ball Janik, LLP, Portland, argued the cause and filed the briefs for respondent on review.

Michael J. Vial, Vial Fotheringham, LLP, Portland, filed the brief for amicus curiae Oregon Trial Lawyers Association.

WALTERS, J.

In this construction defect case, we interpret the meaning of the contractual term "date of substantial completion" and the statutory term "substantial completion" to decide whether defendants were entitled to summary judgment on the basis that plaintiff's tort claims were barred either by the statute of limitations or by the statute of ultimate repose. We conclude that defendants were not entitled to summary judgment, affirm the decision of the Court...

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