Mark Wendt Homes, Inc. v. Wilcher

Plaintiff, a contractor, filed this action to foreclose on a construction lien based on defendant’s failure to pay for plaintiffs construction of a fireplace. Plaintiff contended that the oral contract was a “cost-plus” contract and that it was entitled to its material costs plus a margin of 5 percent, for a total of $13,610. Defendant argued that the cost-plus contract was not to exceed $8,000 and that, in any event, plaintiff breached the contract by failing to perform it adequately. At the conclusion of plaintiffs case, defendant moved for a judgment of dismissal pursuant to ORCP 54 B(2).…