L.H. MORRIS ELEC. v. HYUNDAI SEMICONUCTOR

16-98-05206; A119475.

125 P.3d 1 (2005)

203 Or. App. 54

In the Matter of the Consolidated Hyundai Plant Litigation. L.H. MORRIS ELECTRIC, INC., Plaintiff, v. HYUNDAI SEMICONDUCTOR AMERICA, INC., a California corporation; Hyundai Electronics America, Inc., a California corporation; Hyundai America, Inc., a California corporation; The Chase Manhattan Bank USA, N.A., a national banking institution; Marshall Contractors, Inc., aka ADP Marshall, Inc.; ADP Marshall, Inc., an Arizona corporation, fka Marshall Contractors, Inc.; M + W/Marshall Joint Venture, a joint venture, aka Meissner + Wurst/Marshall Joint Venture; Meissner + Wurst U.S. Operations, Inc., a Delaware corporation, fka Meissner & Wurst GmbH & Co.-U.S. Operations, Inc., or Meissner + Wurst GmbH-U.S. Operations, Inc., and City of Eugene, an Oregon municipal corporation, Respondents, and Scott Co., a California corporation, aka Scott Company of California, Scott Co. of California, and Scott Company, Appellant.

Court of Appeals of Oregon.

Decided December 7, 2005.


Attorney(s) appearing for the Case

Jeffrey M. Batchelor argued the cause for appellant. With him on the briefs were Markowitz, Herbold, Glade & Mehlhaf, P.C., and Kevin P. Donnelly and Dann & Meacham.

Arnold L. Gray, Portland, argued the cause for respondents Hyundai Semiconductor America, Inc., Hyundai Electronics America, Inc. Hyundai America, Inc., The Chase Manhattan Bank USA, N.A., Marshall Contractors, Inc., ADP Marshall, Inc., M + W/Marshall Joint Venture, and Meissner + Wurst U.S. Operations, Inc. With him on the brief were Robert Coleman, Portland, and Stewart Sokol & Gray, LLC, and Jeffrey K. Hanson, Portland, and Yazbeck, Cloran & Hanson, LLC.

Jeffery J. Matthews waived appearance for respondent City of Eugene.

Before EDMONDS, Presiding Judge, and WOLLHEIM and SCHUMAN, Judges.


WOLLHEIM, J.

In this construction dispute, defendant Scott Company of California appeals a judgment that, among other things, dismissed its construction lien against Hyundai Semiconductor America, Inc., awarded attorney fees, costs, and disbursements to the project's construction manager, and confirmed an arbitration award. Scott's appeal raises three issues: (1) Did the trial court err in dismissing Scott's lien claim against Hyundai in light of the arbitration award...

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