Tri-West Construction Co. v. Hernandez

Plaintiff, a contractor, brought this action for breach of contract and for the value of goods and services provided in connection with home improvements at defendants’ residence. By their first affirmative defense, defendants sought to avoid liability on the grounds that plaintiff had not particularized in the contract the cash price of the goods and services to be provided, as required by ORS 83.030(1). By their third and fourth affirmative defenses, defendants alleged that plaintiff violated 15 USC § 1635, a provision of the federal Truth in Lending Act (15 USC § 1601 et seq), by not…