Overview
Taylor Morrison operates in Oregon with communities in the Portland metropolitan area. The company builds single-family homes in one of the Pacific Northwest's largest housing markets.
Oregon provides significant statutory protections for new-home buyers, including a notice-and-opportunity-to-repair statute, a ten-year statute of repose for construction defect claims, and the Oregon Unlawful Trade Practices Act. Oregon's high-moisture climate also creates specific construction challenges related to water intrusion and exterior envelope performance.
How Oregon Law Affects Your Contract
The following analysis examines how Taylor Morrison's documented contract patterns interact with Oregon consumer protection law.
Oregon Notice and Opportunity to Repair
Oregon's construction defect notice statute (ORS § 701.565) requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit. The builder has the right to inspect and offer repairs. This pre-litigation process applies to claims against Taylor Morrison regardless of the purchase agreement's terms.
Implied Warranty Under Oregon Law
Oregon recognizes implied warranties in residential construction, including a warranty that a home is constructed in a workmanlike manner using suitable materials. Taylor Morrison's habitability waiver clause (HAB-001) may face enforceability challenges under Oregon law, which has established protections for residential buyers.
Arbitration Enforceability in Oregon
Oregon's Uniform Arbitration Act (ORS §§ 36.600-36.740) governs arbitration agreements. Taylor Morrison's broad arbitration provision (ARB-001) is generally enforceable, though Oregon courts have found specific clauses unconscionable when they create substantial procedural or substantive unfairness. The class action waiver (CLA-001) may face scrutiny under Oregon's unconscionability doctrine.
Moisture Management and Material Substitution
Oregon's wet climate creates significant construction challenges related to water intrusion, mold, and exterior envelope performance. Taylor Morrison's material substitution clause (MAT-001) should be evaluated to ensure substituted materials are appropriate for Oregon's high-moisture environment, particularly for exterior cladding, flashing, and weatherproofing systems.
Oregon Legal History
No state-specific litigation involving Taylor Morrison in Oregon has been identified in public records as of this writing.
Relevant Oregon Laws
Requires residential builders to be licensed with the Construction Contractors Board and maintain a surety bond for consumer protection.
Oregon courts recognize an implied warranty of habitability for new construction.
Prohibits unfair or deceptive practices in consumer transactions and provides a private right of action.
Oregon Key Facts
- 1Oregon requires residential builders to be licensed with the Construction Contractors Board.
- 2Oregon recognizes an implied warranty of habitability for new construction.
- 3The statute of repose for construction defect claims is 10 years from substantial completion.
- 4Mandatory arbitration clauses are generally enforceable in Oregon.
- 5The CCB provides a consumer dispute resolution process for complaints against licensed builders.
- 6Oregon does not have a statutory pre-litigation notice requirement for construction defects.
What Oregon Buyers Should Know
- Understand Oregon's 90-day notice requirement. Oregon law requires 90 days' written notice to the builder before filing a construction defect lawsuit. The builder has the right to inspect and offer repairs during this period.
- Know that Oregon recognizes implied construction warranties. Oregon courts recognize implied warranties in residential construction. Taylor Morrison's attempt to disclaim these warranties may face enforceability challenges under Oregon law.
- Pay special attention to moisture management systems. Oregon's wet climate makes water intrusion a primary construction concern. Inspect exterior cladding, flashing, and weatherproofing systems carefully. If materials were substituted under MAT-001, verify they are rated for high-moisture environments.
- Verify Oregon CCB licensing status. Oregon requires residential builders to be licensed with the Construction Contractors Board (CCB). Verify Taylor Morrison's license status and check for any complaints or disciplinary actions.
- Compare Taylor Morrison Home Funding with Oregon-licensed lenders. Taylor Morrison offers incentives for using its affiliated lender (LEN-001). Compare rates, fees, and loan terms with at least two independent lenders before committing.