Keeton-King Construction, Inc. v. State

Keeton-King Construction, Inc. (petitioner) seeks review of our decision. 105 Or App 41, 802 P2d 711 (1990). We treat the petition as one for reconsideration, ORAP 9.15, allow it, modify our opinion and adhere to our opinion as modified.

The trial court determined that the Department of General Services (DGS) had erroneously interpreted the law in concluding that the actions set out in ORS 200.045(2) (a)-(j) {since amended by Or Laws 1989, ch 1043, § 8) are mandatory and that petitioner’s failure to perform any one of them precludes a finding of good faith. We agree that DGS erroneously…