Morse Bros. Contractors, Inc. v. C.J.H. Construction Co.

Plaintiff prevailed in this action to foreclose a construction lien. ORS 87.060. Defendant C.J.H. Construction Co. (C.J.H.), the property owner, and its corporate surety, defendant United Pacific Insurance Company (UPI), appeal from the portion of the judgment awarding attorney fees, on the ground that plaintiff failed to plead and prove compliance with ORS 87.057(3). We affirm.

On February 1, 1979, plaintiff filed its claim for a construction lien. ORS 87.035. On February 6 plaintiff delivered notice to C.J.H. that the claim for a lien had been filed. ORS 87.039. On June 13, plaintiff sent…