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STATE v. TRIAD MECHANICAL, INC.

9306-04234; CA A84922.

925 P.2d 918 (1996)

144 Or. App. 106

STATE of Oregon for the Use and Benefit of Richard L. CIPRIANO, dba Rich & Assoc. Construction Co., Plaintiff, v. TRIAD MECHANICAL, INC., an Oregon corporation, Defendant-Appellant, and Reliance Insurance Company, a Pennsylvania corporation, Defendant, and State of Oregon, By and Through its Department of Fish and Wildlife, Respondent. TRIAD MECHANICAL, INC., an Oregon corporation, Appellant, v. STATE of Oregon, By and Through its DEPARTMENT OF FISH AND WILDLIFE, Respondent.

Court of Appeals of Oregon.

Decided October 16, 1996.

Review Denied December 24, 1996.

Attorney(s) appearing for the Case

Rodney R. Mills, Portland, argued the cause for appellant. With him on the briefs was Seifer, Yeats & Mills.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.

WARREN, Presiding Judge.

Triad Mechanical, Inc., appeals from a judgment dismissing its breach of contract and quantum meruit claims against the Oregon Department of Fish and Wildlife (ODFW). Before trial, the court granted ODFW's motion under the parol evidence rule to exclude evidence of anything intended to contradict the terms of a written contract and change orders signed by ODFW and Triad. The trial court also ruled that two change orders constituted...

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