Webster v. Harmon

Plaintiff appeals from a trial court order upholding defendant’s exceptions to an arbitrator’s award of attorney fees to plaintiff. Because we agree with plaintiff that defendant did not timely file his exceptions to the award in the trial court under ORS 36.425(6), we reverse and remand.

Defendant damaged plaintiffs sidewalk. Before filing an action, plaintiff made a written demand for payment from defendant of $1,128 in damages, plus costs and attorney fees, pursuant to ORS 20.080(1). Defendant did not make the demanded payment. In July 2003, plaintiff filed a negligence action against…