Rotarius v. Edwards

Defendants Lawrence D. and Grace I. Edwards appeal from an amended judgment 1 enforcing plaintiff Gary J. Rotarius’ construction lien under ORS 87.010(1). On de novo review, Watkins v. St. Charles Mem. Hosp., 279 Or 327, 331, 569 P2d 4 (1977), we affirm.

In June 1991, plaintiff contracted with defendants’ subcontractor, B & T Excavating, Inc. (B & T), to deliver shale and crushed rock to defendants’ property where defendants’ contractor, Brad Bennington (Bennington) was constructing a building for defendants. Plaintiff began delivery in July. When B & T expressed dissatisfaction with the shale…