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CONTRACTORS, INC. v. TRI-COUNTY MET.

Nos. A8507-04423; CA A43454.

766 P.2d 389 (1988)

94 Or.App. 392

CONTRACTORS, Incorporated, an Oregon Corporation, Appellant, v. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a Public Corporation, Respondent.

Court of Appeals of Oregon.

Decided December 14, 1988.

Reconsideration Denied February 10, 1989.

Attorney(s) appearing for the Case

James N. Westwood, Portland, argued the cause for appellant. With him on the briefs were John R. Bakkensen and Miller, Nash, Wiener, Hager & Carlsen, Portland.

E. Andrew Jordan, Portland, argued the cause for respondent. With him on the brief were Arthur L. Tarlow, James J. Kirk and Bolliger, Hampton & Tarlow, Portland.

Before WARDEN, P.J., and GRABER and RIGGS, JJ.

GRABER, Judge.

Defendant Tri-County Metropolitan Transportation District of Oregon (Tri-Met) is a municipal corporation subject to the Public Contract Law. ORS 279.310. Tri-Met awarded a contract to plaintiff Contractors, Incorporated (CI), for the construction of a bus garage. CI sued to recover five percent of the contract price held as "retainage" by Tri-Met, plus interest on that retainage.1 See, generally, ORS 279.400 et seq.<...

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