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EVERGREEN PACIFIC, INC. v. CEDAR BROOK WAY

C095937CV, C094583CV, C094731CV, C095428CV, C095856CV, C096831CV; A146478.

284 P.3d 509 (2012)

251 Or. App. 194

EVERGREEN PACIFIC, INC., an Oregon corporation, Plaintiff, v. CEDAR BROOK WAY, LLC, an Oregon limited liability company, et al, Defendants, and Pacific Continental Bank, an Oregon chartered commercial bank, Defendant-Appellant, and NW Kodiak Construction, LLC, an Oregon limited liability company, Defendant-Respondent. Lumbermen's, Inc., a Washington corporation, Third Party Plaintiff, v. Builders Services, Group, Inc., a Florida corporation, dba Gale Contractor Services, et al, Third Party Defendants. Oswego Drywall Installers, Inc., an Oregon corporation, Plaintiff, v. Cedar Brook Way, LLC, an Oregon limited liability company, et al, Defendants, and Pacific Continental Bank, an Oregon chartered commercial bank, dba Pacific Continental Corporation, an Oregon corporation, Defendant-Appellant, and NW Kodiak Construction, LLC, an Oregon limited liability company, Defendant-Respondent. Architectural Building Services, Inc., an Oregon corporation, Third Party Plaintiff, v. Lumbermen's, Inc., a Washington corporation, et al, Third Party Defendant. NW Kodiak Construction, LLC, an Oregon limited liability company, Plaintiff-Respondent, v. Cedar Brook Way, LLC, an Oregon limited liability company, et al, Defendants, and Pacific Continental Bank, an Oregon chartered commercial bank, Defendant-Appellant. KPMC, LLC, an Oregon limited liability company, Plaintiff, v. Cedar Brook Way, LLC, an Oregon limited liability company, et al, Defendants, and Pacific Continental Bank, an Oregon chartered commercial bank, dba Pacific Continental Corporation, Defendant-Appellant, and NW Kodiak Construction, LLC, an Oregon limited liability company, Defendant-Respondent. Acousti-Level Floor Sytems, Incorporated, an Oregon corporation, Plaintiff, v. Cedar Brook Way, LLC, an Oregon limited liability company, et al, Defendants, and Pacific Continental Bank, an Oregon chartered commercial bank, dba Pacific Continental Corp., Defendant-Appellant, and NW Kodiak Construction, LLC, an Oregon limited liability company, Defendant-Respondent. Pacific Continental Bank, an Oregon chartered commercial bank, Plaintiff-Appellant, v. Cedar Brook Way, LLC, an Oregon limited liability company, et al, Defendants, and NW Kodiak Construction, LLC, an Oregon limited liability company, Defendant-Respondent.

Court of Appeals of Oregon.

Decided July 11, 2012.

Attorney(s) appearing for the Case

Cody Hoesly , Portland, argued the cause for appellant. With him on the briefs was Larkins Vacura LLP.

Thomas W. Brown , Portland, argued the cause for respondent. With him on the brief were Cosgrave Vergeer Kester LLP, and Kevin W. Luby and Luby Law Firm.

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

HADLOCK J.

At issue in this case is whether a contractor forfeits the right to a construction lien if it accepts a trust deed to secure a debt owed by a property owner that otherwise would be secured by a construction lien. The trial court concluded that a contractor does not forfeit the right to a lien by accepting a trust deed if other parties with an interest in the property had notice that the contractor might claim a construction lien in addition to the trust...

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