TUALATIN VALLEY BUILDERS SUPPLY v. TMT

C98147CV; A110171

41 P.3d 429 (2002)

179 Or. App. 575

TUALATIN VALLEY BUILDERS SUPPLY, INC., an Oregon corporation, and Washington Mutual Savings, a Washington banking corporation, as assignee of Tualatin Valley Builders Supply, Inc., an Oregon corporation, Respondents, v. TMT HOMES OF OREGON, INC., an Oregon corporation; Tofigh Tahvili; Chang T. Le; Washington Mutual Bank, a Washington banking corporation; Tigard Sand & Gravel Co., Inc., an Oregon corporation; Medallion Industries, Inc., an Oregon corporation; Rayborn's Plumbing, Inc., an Oregon corporation; Pacific Lumber Co., an Oregon corporation; Canby Drywall, Inc., an Oregon corporation; and JBC Roofing, LLC, an Oregon limited liability company, Defendants, and Cumberland Casualty & Surety Company, a Florida corporation, Appellant.

Court of Appeals of Oregon.

Decided February 20, 2002.


Attorney(s) appearing for the Case

Herb Weisser argued the cause and filed the brief for appellant.

No appearance for respondent Tualatin Valley Builders Supply, Inc.

Christopher T. Carson argued the cause for respondent Washington Mutual Savings. On the brief were James P. Laurick, Gregory B. Snook and Kilmer, Voorhees & Laurick, P.C., Portland.

Before LINDER, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


LINDER, J.

ORS 87.076 allows the owner of land against which a construction lien has been perfected, or any other interested party, to purchase a bond in order to secure payment of the construction lien and to free the property from that lien. If, after purchasing the bond, the owner or other interested party notifies the lien claimant that it has secured the bond, the lien attaches to the bond. Once the lien attaches to the bond, the property is freed from the lien...

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