Legal Opinion

Montara Owners Assn. v. La Noue Development, LLC

Oregon Supreme Court

Decided June 18, 2015No. CC051213487, CC061213628; CA A140771; SC S062120PublishedCited by 45 opinions

1Opinion of the CourtBalmer, C. J.

This construction defect case presents three issues on review, following certain rulings by the trial court and an award of damages by the jury. First, we consider the proper application of ORS 30.140, a statute that voids overbroad indemnity provisions in construction contracts. The Court of Appeals held that the trial court had erred by invalidating an indemnity provision in its entirety when the provision was only partially void under ORS 30.140. Montara Owners Assn. v. La Noue Development, LLC, 259 Or App 657, 682-83, 317 P3d 257 (2013). On that issue, we affirm the Court of Appeals and…

2Cases cited37 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. Onepoint Solutions, Llc, a Georgia Limited Liability Company v. Michael Borchert William CatuzziCourt of Appeals for the Eighth Circuit · 2007
  3. Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
  4. Prentice v. North American Title Guaranty Corp.California Supreme Court · 1963
  5. State v. GuzekOregon Supreme Court · 1995

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3Cited by45 opinions

  1. State v. RamosOregon Supreme Court · 2016
  2. State v. HortonCourt of Appeals of Oregon · 2023
  3. Hunters Ridge Condominium Ass'n v. Sherwood Crossing, LLCCourt of Appeals of Oregon · 2017
  4. State v. CarpenterOregon Supreme Court · 2019
  5. Ossanna v. Nike, Inc.Court of Appeals of Oregon · 2018

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