Form 16-6 Complaint: Foreclosure of Construction Lien, Quantum Meruit, Claim on Account

• Library: Construction Law in Oregon (OSBar) (2019 Ed.)

Form 16-6 Complaint: Foreclosure of Construction Lien, Quantum Meruit, Claim on Account

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF__________

__________,

Plaintiff,

v.

__________,

Defendant 1

__________,

Defendant 2

__________,

Defendant 3

Defendants.

No.___

PLAINTIFF'S COMPLAINT (Foreclosure of Construction Lien; Quantum Meruit; Claim on Account)

CLAIM NOT SUBJECT TO MANDATORY ARBITRATION Amount of Claim: $__________

FIRST CLAIM FOR RELIEF (Foreclosure of Construction Lien)

Plaintiff, for its First Claim for Relief, alleges as follows:

1.

At all times material herein, Plaintiff__________was and is a corporation duly organized and existing under the laws of the state of Oregon, and was duly licensed and endorsed with the Construction Contractors Board of the state of Oregon. [To the extent so required, all work alleged herein was performed by persons duly licensed as electricians by the Oregon Elevator and Electrical Board.]

2.

At all times material herein, Defendant 1 was and is a__________; Defendant 2 was and is a__________; and Defendant 3 was and is a

3.

At all times material herein, a certain improvement consisting of a __________(the improvement) was in the course of construction on the real property described as__________,__________County, Oregon, as more fully described in Exhibit A attached hereto and incorporated herein (the property). The whole of the property is necessary for the convenient use and occupancy of the improvement.

4.

At all times material herein, Defendant 1 was the record owner or reputed owner of the real property and the improvements thereon.

5.

From__________, 20__through__________, 20__, Plaintiff, at the request of Defendant 2, furnished and installed__________used and incorporated in the improvement for the benefit of the improvement and the property. The contract price and agreed and reasonable value, including all accepted change orders, of the materials, equipment, and labor furnished by Plaintiff and used and incorporated in the construction of the improvement, after deduction of all just credits and offsets, is the sum of $__________, together with__ percent interest per annum from__________, 20__until paid. The sum is now due and owing to Plaintiff.

6.

Plaintiff has fully performed all the terms and conditions of the agreement to be performed on its part. Plaintiff completed performance on __________. 20__.

7.

Within eight days, excluding Saturdays, Sundays, and legal holidays, after the date of delivery of...