Weitman Excavation, LLC v. CPM Development Corp.

This is an appeal of a trial court judgment awarding plaintiff, Weitman Excavation, LLC, its attorney fees under ORS 36.715 and an enhanced prevailing party fee under ORS 20.190. Defendant, CPM Development Corporation, challenges both of those awards on appeal. Defendant argues, among other things, that the trial court erred in awarding plaintiff its attorney fees incurred in arbitration because, under ORS 36.715(3), a party may only recover fees incurred “in a judicial proceeding” following an arbitration award as part of an effort to vacate, modify, or correct the arbitration award.…