On June 25, 2013, Governor Kitzhaber signed Senate Bill 46 into law and shortened the statute of repose for claims against design professionals on large commercial projects. The repose period was changed from 10 years to six years. In 2009, contractors successfully lobbied for shortening a similar statute of repose. However, to the chagrin of designers, their corresponding statute of repose remained at 10 years—until now. Designers and their insurers should be pleased with this legislation, since it both creates consistency with the repose period for contractors and may shield them from liability for claims that are brought after the six-year repose period expires. In contrast, construction project owners who fail to discover design defects or file their actions within the shorter six-year period will be disappointed to learn that, in many cases, their claims are barred.
Home > Design Professionals and Claims > Senate Bill 46 Shortens Repose Period for Claims Against Design Professionals