Lincoln Construction, Inc. v. Thomas J. Parker & Associates, Inc.

I would affirm the judgment; therefore I dissent.

The majority states the applicable law correctly and also concludes correctly that plaintiff, under its subcontract with defendant, agreed to be bound by the determination of volume of rock crushed and stockpiled as made by Weyerhaeuser or the Forest Service. However, a fundamental requirement to attributing finality to a determination by a third party is that the delegation be clearly expressed, Highway Com. v. Heintz Constr., 245 Or 530, 423 P2d 175 (1967), and a reasonable corollary to that rule is that the provision be adhered to strictly.

Th…