Zidell Marine Corp. v. West Painting, Inc.

The question to be answered in this case is whether a writ of continuing garnishment, provided for in ORS 29.401 to 29.415, 1 is available with respect to contract payments owed to an independent contractor for work not yet completed under a “turnkey” purchase order that covers labor and materials. We answer that question “no.”

Defendants Terry and Holly Gaya were the owners of West Painting, Inc. (West). West was incorporated in Washington in March 1985, but was administratively dissolved on June 16, 1986. The Gayas apparently were unaware that West’s corporate status had lapsed, and they…