- 25 -
completed the contract on or about November 30, 2000 after which
claimant ceased to provide labor, transport or furnish materials
or transport, furnish or rent equipment for the improvement”.
The construction lien was signed by Mr. Schommer and listed
petitioner and Kumiko Talmage as the owners of the Rivercliff
property.
Although the construction lien stated that the Talmages
failed to make timely monthly payments, the record indicates that
NCPL made timely payments and made a wire transfer payment of
$100,000 on December 8, 2000, 3 days before the construction lien
was filed. Further, the construction lien stated that the
contract was completed on November 30, 2000. However, the record
indicates the development of the Rivercliff property was not
completed until January 31, 2005.
Attached to the construction lien was a document titled
“Notice Of Claim Lien” stating that SSI “intended to file suit to
foreclose the enclosed lien unless payment in full [was] received
within ten (10) days of the date of delivery of this notice”.
NCPL did not make another payment to SSI until March 28, 2001,
and SSI never filed suit to foreclose.
Moreover, although the contract was allegedly fulfilled and
no payment had been received by SSI, on March 8, 2001, Mr.
Schommer wrote a letter to Mr. Tokos, of the Multnomah County
Planning Division, requesting additional time (until December 31,
Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: March 27, 2008