TEENY v. HAERTL CONSTRUCTORS, INC.

CC 8808-04655; CA A63888; SC S39122.

842 P.2d 788 (1992)

314 Or. 688

Gary W. TEENY and Richard L. Teeny, dba Teeny's Steel and Crane Erection, Plaintiffs, v. HAERTL CONSTRUCTORS, INC., an Oregon corporation, and Manhattan-Rose City Glass, Inc., an Oregon corporation, Defendants-Respondents, Camera World Company, an Oregon corporation, Petitioner on Review, Chung Doo Shin, an individual, Defendant-Respondent, Cross-Appellant, Marshall Company Construction, an assumed business name of John H. Marshall, Defendant-Appellant, Microflect, Inc., an Oregon corporation, dba Grating Specialties Division, and Enterprise Fabricators Co., Inc., an Oregon corporation, Respondents on Review, and Alfred E. Aus and Esther W. Aus, husband and wife; U.S. National Bank of Oregon, a national banking association; Drs. Goodman and Charrier, P.C., a professional corporation; Knez Building Materials Company, an Oregon corporation; Don Earl, Michael Gardner and Michael Satran, dba Western States Sheet Metal, Inc.; Cab, Inc., dba Union Floor Company; Parr Lumber Company, an Oregon corporation; Michael Gardner, dba Sun Roofing; Bachofner Electric, Inc., an Oregon corporation; Landry's Commercial Floor Covering, Inc., an Oregon corporation; Dan E. Ward, dba Willamette Painting Co.; Overhead Door Company of Portland-Vancouver, Inc., an Oregon corporation, dba Overhead Door Company of Portland, Inc.; Asi Heating and Air Conditioning, Incorporated, an Oregon corporation; Modern Plumbing Company, an Oregon corporation; Landco Enterprises, Inc., an Oregon corporation; and James B. Johnston, dba Wood Hollow Cabinets, Defendants.

Supreme Court of Oregon.

Decided December 4, 1992.

Reconsideration Denied January 26, 1993.


Attorney(s) appearing for the Case

William Dickas, of Kell, Alterman & Runstein, Portland, filed the petition and argued the cause, for petitioner on review.

Willam Day, Portland, filed the response and argued the cause, for respondent on review Enterprise Fabricators Co., Inc.


GILLETTE, Justice.

In this lien foreclosure case, several construction subcontractors involved in renovating a commercial building in downtown Portland sought to foreclose construction liens on the property after the general contractor had failed to pay them amounts due under their subcontracts. The property owner contested the liens. The trial court held, among other things, that the liens of two of the subcontractors—Enterprise Fabricators Co., Inc. (Enterprise...

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