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  1. #1
    Join Date
    Aug 2012
    Posts
    8

    Default Motion to Enforce Settlement Agreement

    My question involves court procedures for the state of:Oregon, County of Washington
    I am a general contractor in the state of Oregon. I recently had to file a Breach of Contract Complaint with the Construction Contractors Board for nonpayment against another business I had been subcontracting for. Through mediation, the respondent signed a settlement agreement that "promised" a total of five payments, each payment with a specified "due no later than" due date. The agreement states "If any payment is not made as per the terms of this agreement, then the entire remaining amount immediately becomes due and payable in full." It also states..."If court action or arbitration is required to enforce this agreement, then the respondent waives all possible defenses except for the defense that it has complied with the terms of this agreement. For the purposes of the items addressed in this complaint and these items only, this agreement is a substituted contract and replaces all prior contractual agreements between the parties with respect to these items."
    Now, because the responder's surety bond is a residential bond, the only way I can look to the bond company for payment is by going through the CCB, and they require their settlement agreement be turned into a court judgment by the circuit court where the work was performed (Washington County).
    So my questions are
    1: would the fact that the 4th payment is 25 days late as of today take care of the "complied with the terms of this agreement" defense?
    2: Would/could a motion to enforce a settlement agreement work in this case, and is that something that I could file?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,628

    Default Re: Motion to Enforce Settlement Agreement

    Quote Quoting mor4les
    View Post
    My question involves court procedures for the state of:Oregon, County of Washington
    1: would the fact that the 4th payment is 25 days late as of today take care of the "complied with the terms of this agreement" defense?
    2: Would/could a motion to enforce a settlement agreement work in this case, and is that something that I could file?
    1. If a required payment has not been made then the contractor has not complied with the terms of the agreement.
    2. As I understand the facts, the agreement you have was not the result of a settlement in a lawsuit. It was simply a settlement as the result of mediation with CCB. As a result, I think it likely that you would need to sue for breach of the new contract. But the case will be easier given that the contractor has agreed to waive most defensed.

  3. #3
    Join Date
    Aug 2012
    Posts
    8

    Default Re: Motion to Enforce Settlement Agreement

    Since the amount owed is $20,000.00, small claims court is not an optiion unless I want to walk away from half. Because as you say, this case should be fairly easy because of the waived most defense, can you give me a rough idea what something like this would cost so I can decide if it would be more economically sound to walking away from half and just go to small claims court?

  4. #4
    Join Date
    Mar 2013
    Posts
    17,514

    Default Re: Motion to Enforce Settlement Agreement

    The best way to find out the potential cost is to call a lawyer, find out his hourly rate, how much of a retainer he wants and how much he thinks it will cost you.

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