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?