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WESTWOOD CONST. CO. v. HALLMARK INNS & RESORTS

96-2968; A104388.

50 P.3d 238 (2002)

182 Or. App. 624

WESTWOOD CONSTRUCTION COMPANY, nka W.C., Inc., an Oregon corporation, Respondent, v. HALLMARK INNS & RESORTS, INC., a foreign corporation, and United States National Bank, a foreign corporation, Appellants, and The Holmes Companies, Inc., dba Siteco-Little Iron Works, an Oregon corporation; Tualatin Electric, Inc., an Oregon corporation; Oceanlake Enterprises, Inc., an Oregon corporation; Allied Building Products, Inc., an Oregon corporation; Bewley Mechanical Systems, Inc., an Oregon corporation; Advanced Fire Protection, Inc., an Oregon corporation; and West Coast Coatings, Inc., an Oregon corporation, Defendants.

Court of Appeals of Oregon.

Decided July 17, 2002.

Attorney(s) appearing for the Case

Joseph A. Yazbeck, Jr., Portland, argued the cause for appellants. With him on the briefs were Tamara H. Lewis, Allen, Yazbeck, O'Halloran & Hanson, P.C., Ted E. Runstein and Kell Alterman & Runstein LLP, Portland.

Arnold L. Gray, Portland, argued the cause for respondent. With him on the brief were Jeffrey B. Wilkinson and Stewart Sokol & Gray, LLC, Portland.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.

LINDER, J.

This appeal, which arises from an action to foreclose a construction lien, raises three issues: (1) whether, in a construction lien foreclosure action, preclusive effect should be given to common issues decided in arbitration pursuant to the parties' construction contract; (2) whether evidence that the lien for more than $1.2 million was overstated by more than $400,000 (approximately 34 percent) is sufficient to give rise to a jury question on the validity...

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