MONTARA OWNERS ASS'N v. LA NOUE DEVELOPMENT

(CC051213487, CC061213628; CA A140771; SC S062120}.

353 P.3d 563 (2015)

357 Or. 333

MONTARA OWNERS ASSOCIATION, an Oregon non-profit corporation, Plaintiff, v. LA NOUE DEVELOPMENT, LLC, an Oregon limited liability company; et al., Defendants. La Noue Development, LLC, an Oregon limited liability company, Third-Party Plaintiff-Appellant, Respondent on Review, and Mark La Noue, an individual, Third-Party Plaintiff, v. Suttles Construction, Inc., an Oregon corporation; Gordon Harding, an individual, dba Gordon Harding Construction; MCM Architects, PC, an Oregon professional corporation; et al., Third-Party Defendants, and Vasily A. Sharabarin, an individual, dba Advanced Construction, Third-Party Defendant-Respondent, Petitioner on Review. Evans Construction Siding Corporation, an Oregon corporation, Fourth-Party Plaintiff, v. Dave Burgess Construction, Inc., an Oregon corporation; et al, Fourth-Party Defendants. Dave Burgess Construction, Inc., an Oregon corporation, Fifth-Party Plaintiff, v. Raul Hernandez and Carlos Hernandez, individuals, dba Hernandez Brothers, a partnership; et al, Fifth-Party Defendants. La Noue Development, LLC, an Oregon limited liability company; and Mark La Noue, an individual, Plaintiffs, v. MCM Architects, PC, an Oregon professional corporation, Defendant.

Supreme Court of Oregon.

Decided June 18, 2015.


Attorney(s) appearing for the Case

Thomas M. Christ , Cosgrave Vergeer Kester LLP, Portland, argued the cause and filed the briefs for petitioner Vasily A. Sharabarin. With him on the brief was Julie A. Smith.

Leta E. Gorman , Jordan Ramis PC, Lake Oswego, argued the cause and filed the brief for respondent La Noue Development, LLC.


This construction defect case presents three issues on review, following certain rulings by the trial court and an award of damages by the jury. First, we consider the proper application of ORS 30.140, a statute that voids overbroad indemnity provisions in construction contracts. The Court of Appeals held that the trial court had erred...

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