2017 ORS 20.083¹
Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract

A prevailing party in a civil action relating to an express or implied contract is entitled to an award of attorney fees that is authorized by the terms of the contract or by statute, even though the party prevails by reason of a claim or defense asserting that the contract is in whole or part void, a claim or defense asserting that the contract is unenforceable or a claim or defense asserting that the prevailing party was not a party to the contract. [2003 c.393 §1; 2009 c.285 §1]

Notes of Decisions

Contract is “void” if agree­ment is actually entered into but is unenforceable by reason of failure to comply with legal require­ments. Dess Properties, LLC v. Sheridan Truck & Heavy Equip­ment, LLC, 220 Or App 336, 185 P3d 1113 (2008), Sup Ct review denied

Provision applies to all ac­tions where prevailing party is entitled to attorney fees under terms of applicable contract or statute, regardless of theory determining disposi­tion of ac­tion. King v. Neverstill Enterprises, LLC, 240 Or App 727, 248 P3d 30 (2011)

In contract ac­tion where defendant prevails on counterclaim for rescission of underlying contract, defendant is entitled to attorney fees. A&E Security and Electronic Solu­tions v. Fortalesa, 253 Or App 448, 290 P3d 861 (2012)

Where losing defendant was not and did not claim to be party to contract to which prevailing plaintiff was party, defendant is not liable to plaintiff for attorney fees under contract even though prevailing plaintiff incorporated and joined in counterclaim by other defendants that included counterclaim for attorney fees against losing defendant. Sherwood Park Business Center, LLC v. Taggart, 267 Or App 217, 341 P3d 96 (2014)

Law Review Cita­tions

56 OLR 585 (1977)

1 Legislative Counsel Committee, CHAPTER 20—Attorney Fees; Costs and Disbursements, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors020.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 20, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano020.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.