ORS 20.083
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]

Source: Section 20.083 — Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract, https://www.­oregonlegislature.­gov/bills_laws/ors/ors020.­html.

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)

20.075
Factors to be considered by court in awarding attorney fees 20.077
Determination of prevailing party 20.080
Attorney fees for certain small tort claims 20.082
Attorney fees for small contract claims 20.083
Award of attorney fees under void contract, under unenforceable contract or to person who is not party to contract 20.085
Costs and attorney fees in inverse condemnation proceedings 20.094
Attorney fees in actions or suits in which discharge in bankruptcy asserted 20.096
Reciprocity of attorney fees and costs in proceedings to enforce contract 20.097
Attorney fees and costs where defendant prevails in certain proceedings to enforce contract 20.098
Attorney fees and compensation of expert witnesses in certain proceedings for breach of warranty 20.105
Attorney fees where party disobeys court order or asserts claim, defense or ground for appeal without objectively reasonable basis 20.107
Attorney and expert witness fees and other costs on claim of unlawful discrimination 20.115
Service expenses recoverable as costs and disbursements 20.120
Costs on review of decision of officer, tribunal, or court of inferior jurisdiction 20.125
Assessment of costs and attorney fees against attorney causing mistrial 20.130
Proceeding to which state or public corporation is party 20.140
State and certain public corporations not required to advance costs 20.150
Recovery of costs and disbursements when party represented by another 20.180
Effect of tender as to costs 20.190
Prevailing party fees 20.220
Appeal on attorney fees and costs 20.310
Costs and disbursements in Supreme Court or Court of Appeals 20.320
Statement of costs and disbursements 20.330
Costs and disbursements in cases of original jurisdiction 20.340
Contingent fee agreement
Green check means up to date. Up to date

Current through early 2024

§ 20.083’s source at oregon​.gov