King v. Suniga

This is a suit to foreclose a construction lien. Because defendant Suniga (hereafter defendant) had tendered into court an amount equal to the sum which the trial court found was due plaintiffs on the construction contract, the trial court refused to foreclose plaintiffs’ construction lien and awarded defendant attorney fees, pursuant to ORS 87.060(4). 1 Plaintiffs appeal. The question is: Which party, if either, is entitled to recover attorney fees?

The parties entered into a written contract for the installation of cabinets by plaintiffs in an apartment complex owned by defendant. The…