Village at North Pointe Condo. Assn. v. Bloedel Constr.

When calculating attorney fees, insurance coverage issues, if not recoverable, may be separated from those incurred in litigating the claims, if recoverable.

The plaintiff appealed a construction defect case against a contractor and a subcontractor alleging three assignments of error: the trial court’s refusal to remove a juror, the attorney fees award, and an award of cost against plaintiff. For the first error, the plaintiff did not identify the ruling it challenged as mandated under ORAP 5.45(3). However, the error was not preserved for review on appeal. Next, for the attorney fees, the court recommended separating the cost sustained on insurance coverage issues, which were not recoverable, from those incurred in litigating the claims, which were recoverable. Last, the trial court erred in calculating the cost awarded because it used ORS 20.096, but it could have used its discretion under ORCP 68 B to do so. The general judgment affirmed, reverse and remand the attorney fee award entered for the subcontractors; remand the supplemental judgments entered for the defendant contractor.