McKinstry Co. v. Smith

Plaintiff appeals from a judgment of the trial court dismissing its complaint, which alleges breach of a construction contract, for failure to state ultimate facts sufficient to constitute a claim. The issue is whether certain amendments to ORS chapter 701 apply to a claim for breach of a construction contract when the complaint was filed after the effective date of the amendments, but the contract was executed and the work was performed before that date.

The complaint1 was filed on December 30,1983, and alleges that defendant breached the contract by failing to pay for labor, materials and…