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NORTH MARION SCH. DIST. #15 v. ACSTAR INS.

000605846; A122630.

138 P.3d 876 (2006)

206 Or. App. 593

NORTH MARION SCHOOL DISTRICT # 15, for the use and benefit of Gonzalo Aranda TREJO, William Alan Avery, Eugene Beebe, Cory Breno, Joe Brockamp, Ray Cannon, Ronald Cooper, Chuck Craig, Keith Dossey, Allen Filer, Robin Fisk, David Flippin, David Gast, Lucas Glenn, Darrell Gutherie, Basilio Gutierrez, David Hill, Derek Holcomb, Monte Holcomb, Jeff Jones, Darren King, Fred Knipe, Donald Kuhns, John Ledoux, James Manning, Ignacio Mejia Valencia, Jose Luis Mejia Valencia, Guy Meyers, Nathan Morris, Tod Mundell, Steven Nichol, John Partlow, Nemesio Pina-mondragon, Jason Portlock, Basilio Rudometkin, Clayton Sabine, Kirt Siegwald, Alan Sims, Daniel Stephens, Jerry Tallmon, Dennis Tidwell, Robert Tuttle, Martin Vandervies, Micah Walter, Warren Wegleitner, Richard Witbeck and Charles Wolcott, Appellants, v. ACSTAR INSURANCE CO.; American Home Assurance Company, a foreign corporation; OC America Construction, Inc., a foreign corporation; and Christopher J. Vanderkley, an individual, dba Vander Kley & Co., Respondents.

Court of Appeals of Oregon.

Decided July 5, 2006.

Attorney(s) appearing for the Case

Jacqueline L. Koch, Portland, argued the cause for appellants. With her on the joint briefs were Bailey, Pinney & Associates, J. Dana Pinney, and Koch & Deering.

Darien S. Loiselle, Portland, argued the cause for respondents Acstar Insurance Co., American Home Assurance Company, and OC America Construction, Inc. With him on the joint brief were Schwabe Williamson & Wyatt, Stoel Rives, and Kenneth P. Childs.

Loren S. Scott argued the cause for respondent Christopher Vander Kley, dba Vander Kley & Co. With him on the brief were Rohn M. Roberts, Eugene, and Arnold, Gallagher, Saydack, Percell, Roberts & Potter, P.C.

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

EDMONDS, P.J.

Plaintiffs, employees on a public improvement project, appeal supplemental judgments awarding attorney fees to defendants, the general contractor, subcontractor, and their respective sureties on the public improvement project. Plaintiffs argue that the trial court erred in awarding attorney fees to defendants, in failing to require defendants to segregate work performed on fee-generating claims and non-fee-generating claims, in awarding an enhanced prevailing...

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