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SHELTER PRODUCTS, INC. v. STEELWOOD CONST., INC.

10C20285; A148959.

307 P.3d 449 (2013)

257 Or. App. 382

SHELTER PRODUCTS, INC., an Oregon corporation, Plaintiff, v. STEELWOOD CONSTRUCTION, INC., a Washington corporation, Defendant-Respondent, and Catamount Constructors, Inc., a Colorado corporation, Defendant-Appellant, and HD Salem or Landlord, LLC; and Safeco Insurance Company of America, a Washington corporation, Defendants. Steelwood Construction, Inc., Third-Party Plaintiff, v. Home Depot, Inc., Third-Party Defendant.

Court of Appeals of Oregon.

Decided July 3, 2013.

Attorney(s) appearing for the Case

D. Brent Carpenter argued the cause for appellant. With him on the briefs were Joseph A. Yazbeck, Jr. , and Yazbeck, Cloran & Bowser, PC.

Shawn A. Elpel , Washington, argued the cause for respondent. On the brief were Albert F. Schlotfeldt and Duggan Schlotfeldt & Welch PLLC.

Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

SERCOMBE, J.

This case involves a dispute between a general contractor, Catamount Constructors, Inc. (Catamount), and one of its subcontractors, Steelwood Construction, Inc. (Steelwood).1 Catamount contracted with Steelwood to perform work and provide certain materials for the construction of the Salem Home Depot regional distribution center (the project). However, after Steelwood provided the materials in question and began work on the...

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