Bennett v. Baugh

The issue in this contract action is whether the trial court erred in awarding attorney fees to defendants under the parties’ contract and ORS 20.096(1) after the trial court entered judgment in defendants’ favor. The Court of Appeals reversed the award of attorney fees. Bennett v. Baugh, 154 Or App 397, 961 P2d 883 (1998). We reverse in part, affirm in part, and remand the case to that court for further proceedings.

Defendants, owners of Gerald Baugh Construction Corporation, retained plaintiff, an attorney, to represent the corporation in a series of disputes arising out of construction…