Beckwith v. Frazey

Defendant appeals from the denial of his motion to set aside as void a judgment based on an arbitration award. ORCP 71B(1)(d). We affirm.

In 1981, plaintiff contracted to paint defendant’s house. When defendant refused to pay for the work, plaintiff initiated arbitration proceedings and was awarded the liquidated damages stipulated in the contract, including a $5 daily late payment penalty. A judgment was entered on the award in January, 1983. Two years later, defendant moved to set it aside as void or, in the alternative, to set aside the part of the judgment representing the accumulated $5…