Harris v. Dyer

The sole issue in this action to foreclose a construction lien is whether either party is entitled to costs and statutorily authorized attorney fees. ORS 87.060(4). 1 The question arises because after the foreclosure proceeding was commenced, it was abated on defendant’s motion pending arbitration of the dispute pursuant to ORS 33.240 2 and the contract between the parties, and after the arbitration award was filed with the circuit court (ORS 33.310), 3 the action was dismissed on defendant’s motion after the amount of the award was tendered to plaintiff.

From the judgment dismissing the…