Title 12 · ORS Chapter 12
to recover damages for injury to a person, property or to any interest
Citation: ORS 672.325
Section: 672.325
672.325 to recover damages for injury to a person, property or to any interest in property, including damages for delay or economic loss, regardless of legal theory, arising out of the construction, alteration or repair of any improvement to real property must be commenced before the earliest of:
����� (A) Two years after the date the injury or damage is first discovered or in the exercise of reasonable care should have been discovered;
����� (B) Ten years after substantial completion or abandonment of the construction, alteration or repair of a small commercial structure or residential structure; or
����� (C) Six years after substantial completion or abandonment of the construction, alteration or repair of a large commercial structure.
����� (b) This subsection applies to actions brought by any person or public body.
����� (6) For purposes of this section, an improvement to real property is considered abandoned on the same date that the improvement is considered abandoned under ORS 87.045.
����� (7) This section:
����� (a) Applies to an action against a manufacturer, distributor, seller or lessor of a manufactured dwelling, as defined in ORS 446.003, or of a prefabricated structure, as defined in ORS 455.010; and
����� (b) Does not apply to actions against any person in actual possession and control of the improvement, as owner, tenant or otherwise, at the time such cause of action accrues. [1971 c.664 ��2,3,4; 1983 c.437 �1; 1991 c.968 �1; 2009 c.485 �3; 2009 c.715 �1; 2013 c.469 �1; 2019 c.327 �1; 2025 c.578 �1]
����� 12.137 Action for loss of or damage to property arising from nuclear incident. (1) An action, arising from a nuclear incident that involves the release of radioactive material, excluding releases from acts of war, that causes loss of or damage to property, or loss of use of property shall be commenced:
����� (a) Within two years from the time an injured person discovers or reasonably could have discovered the injury to property and the causal connection between the injury and the nuclear incident; or
����� (b) Within two years from any substantial change in the degree of injury to the property arising out of a nuclear incident.
����� (2) As used in this section, �nuclear incident� has the meaning given that term in 42 U.S.C. 2014(q).
����� (3) In no event shall any action under subsection (1) of this section or ORS 12.110 (5) be commenced more than 30 years from the date of the nuclear incident. [1987 c.705 ��1,2]
����� Note: 12.137 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 12 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
����� 12.140 Actions not otherwise provided for. An action for any cause not otherwise provided for shall be commenced within 10 years.
����� 12.150 Suspension of running of statute by absence or concealment. If, when a cause of action accrues against any person, the person is out of the state and service cannot be made within the state or the person is concealed therein, such action may be commenced within the applicable period of limitation in this chapter after the return of the person into the state, or after the termination of the concealment of the person; and if, after a cause of action has accrued against a person, the person shall depart from and reside out of this state, or if the person is concealed therein, the time of the absence or concealment of the person shall not be deemed or taken as any part of the time limited for the commencement of such action. [Amended by 1973 c.206 �1; 1987 c.158 �4]
����� 12.155 Effect of notice of advance payment on running of period of limitation. (1) If the person who makes an advance payment referred to in ORS 31.560 or 31.565 gives to each person entitled to recover damages for the death, injury or destruction, not later than 30 days after the date the first of such advance payments was made, written notice of the date of expiration of the period of limitation for the commencement of an action for damages set by the applicable statute of limitations, then the making of any such advance payment does not suspend the running of such period of limitation. The notice required by this subsection shall be in such form as the Director of the Department of Consumer and Business Services prescribes.
����� (2) If the notice required by subsection (1) of this section is not given, the time between the date the first advance payment was made and the date a notice is actually given of the date of expiration of the period of limitation for the commencement of an action for damages set by the applicable statute of limitations is not part of the period limited for commencement of the action by the statute of limitations. [1971 c.331 �5; 1981 c.892 �85b]
����� 12.160 Suspension for minors and persons who have disabling mental condition. (1) Subject to subsection (2) of this section, if a person is entitled to bring an action mentioned in ORS