Beaver State Scaffolding-Equip. Co. v. Taylor

This is a construction lien foreclosure action. Defendant appeals from the denial of her claim for attorney fees, costs and disbursements. The dispositive issue is whether defendant is a prevailing party within the meaning of former ORS 87.060(4). We conclude that she is not and, therefore, affirm.

Plaintiff, a subcontractor, performed work on defendant’s property. It sought judgment against the general contractor as well as a decree foreclosing its lien on a sum of money that had been deposited by defendant with the county treasurer pursuant to ORS 87.076(2)(a). ORS 87.083. Defendant moved…