Court of Appeals of Oregon February 19, 2003, 98-00119-CV; A112681 (Mark Wendt Homes, Inc. v. Wilcher)

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LANDAU, P. J.

Plaintiff, a contractor, filed this action to foreclose on a construction lien based on defendant’s failure to pay for plaintiffs construction of a fireplace.

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Plaintiff contended that the oral contract was a “cost-plus” contract and that it was entitled to its material costs plus a margin of 5 percent, for a total of $13,610.