Bend Tarp and Liner, Inc. v. Bundy

Plaintiff appeals from a judgment that denied its claim to foreclose a construction lien and that awarded defendants damages for breach of contract. We affirm.

Defendants hired plaintiff to install a polyethylene membrane liner in a pond on defendants’ golf course in Bend. The pond was to serve as a source of water to irrigate the course. The purpose of the liner was to prevent the water in the pond from escaping through the soil. Defendants had excavated the pond themselves, leaving a central island green that was surrounded by a retaining wall constructed of railroad ties and boards.

After…