Consolidated Electrical Distributors, Inc. v. Jepson Electrical Contracting, Inc.

This is a suit to foreclose a materialman’s lien for electrical fixtures furnished a subcontractor and used in the construction of a restaurant upon property owned by Thunderbird-Klamath Palls, Inc. Defendants appeal from a decree of the trial court foreclosing the lien.

The sole issue upon appeal is whether plaintiff filed its lien within the 45 days provided by ORS 87.035, which states that

“* * * every mechanic, artisan, machinist, builder, lumber merchant, laborer, or other person, except the original contractor, claiming the benefit of ORS 87.005 to 87.075, within 45 days after the…