Form 16-7 Complaint: Foreclosure of Construction Lien—bond Posted, Breach of Contract

LibraryConstruction Law in Oregon (OSBar) (2019 Ed.)

Form 16-7 Complaint: Foreclosure of Construction Lien—Bond Posted, Breach of Contract

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

__________,

Plaintiff,

v.

__________,

Defendant 1

__________,

Defendant 2

__________,

Defendants.

No.__________

COMPLAINT

1. Foreclosure of Construction Lien— Bond Posted

2. Breach of Contract CLAIM [NOT] SUBJECT TO MANDATORY ARBITRATION Amount of Claim: $__________

FIRST CLAIM FOR RELIEF
(Foreclosure of Construction Lien—Bond Posted)

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__________authorized to issue surety bonds in the state of Oregon.

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, Entity A is and has been the record owner or reputed owner of the real property and the improvements thereon.

5.

From on or about __________, 20___ through on or about __________ 20____, Plaintiff, at the...

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