Court of Appeals of Oregon December 8, 1993, 90-63; CA A74919 (Precision Lumber Co. v. Martin Marietta Corp.)

WARREN, P. J.

Humbert Construction, Inc. (Humbert) appeals from a judgment denying an award of attorney fees. Ground Improvement Techniques, Inc. (GIT) cross-appeals from a judgment denying it relief on its third-party complaint for indemnity. We reverse on the appeal and affirm on the cross-appeal.

The facts are essentially undisputed.