A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Oregon, construction defect law is governed by both statutes and case law. The Oregon Revised Statutes (ORS) provide specific provisions regarding construction defects, particularly in ORS Chapter 701, which deals with construction contracting and disputes. Under Oregon law, a construction defect is indeed considered a deficiency in the design, construction, or materials that fails to meet a reasonable standard of workmanship or does not fulfill the reasonable expectations of the property owner. The statutes outline the requirements for bringing a claim, including notice requirements and statutes of limitations. For instance, ORS 701.565 requires that homeowners provide notice to contractors before filing a lawsuit for construction defects, giving the contractor an opportunity to offer repairs or settlement. Additionally, the statute of limitations for construction defect claims is generally two years from the date the defect was discovered or should have been discovered, but not more than ten years after substantial completion of construction, as per ORS 12.135. It is important for property owners and contractors to be aware of these legal standards and timelines to protect their rights and interests in the event of a construction defect.