Goodwin v. Kingsmen

Claims for negligence and negligence per se arising from physical damage to real property are subject to the two year statute of limitations under ORS 12.110(1), and not the six year statute of limitations for damage to legal interests in real property under ORS 12.080(3).

Goodwin appealed a decision holding that his claim for negligence on the poor construction of his home was barred from the statute of limitations. Claims arising from the construction, alteration, or repair of any improvement to real property must be filed before the statutory period "otherwise established by law." ORS 12.135. Goodwin argued that the period "otherwise established by law" is the six-year limitation in ORS 12.080(3), which applies to claims for damage to "any interest . . . in real property." However, the Court held that by referring to damage of an "interest" in real property, ORS 12.080(3) covers injuries to legal rights in property; it does not cover claims for physical damage to the property itself. The Court held that claims for negligent construction which result in damage to the home itself are subject to the two-year limitations period in ORS 12.110(1). Remanded to trial court to address rather the injury was to the property itself.