Notice of Review and Appeal Rights - DOC 8

							                BEFORE THE OFFICE OF ADMINISTRATIVE HEARINGS
                              STATE OF OREGON
                                    for the
                     CONSTRUCTION CONTRACTORS BOARD


In the Matter of the Arbitration between:

Withers Lumber Company,                                            File No: 123274-102
Complainant

And                                                         ARBITRATION AWARD BY
                                                          STIPULATION OF THE PARTIES
Value Construction & Design, LLC,
Respondent


                                  STATEMENT OF THE CASE

       Complainant, Withers Lumber Company, (Withers) filed this complaint with the
Construction Contractors Board (CCB) on September 24, 2008 alleging that the respondent,
Value Construction & Design, LLC (Value), failed to pay Withers for materials it supplied for
residences located in Aumsville and Turner, Oregon.

       On February 23, 2009 the CCB referred this complaint to the Office of Administrative
Hearings for binding arbitration, in accordance with ORS 701.145, ORS 701.148, and OAR 812-
004-0590. Administrative Law Judge Anita C. Smith was appointed to serve as arbitrator.

       On April 27, 2009 arbitration was held in Salem, Oregon. The complainant appeared
through Lori Fossholm, secretary/treasurer, with attorney David G. Hansen. The respondent,
Value, appeared through member, Kirk Sherman.

        The record consists of Exhibits 1 through 79 and C-1, which were admitted without
objection and the stipulation of the parties.

       Based upon record, I enter the following:

                                             FINDINGS

       1.    Value purchased materials from Withers for use in the construction of residences
in Salem, Aumsville, and Turner, Marion County, Oregon.

       2.      The total value of the materials Withers supplied was $13,971.24. Withers
allowed Value a credit of $58.71. Value made partial payments of $900.00, leaving an
outstanding balance of $12,912.53.

       3.      Withers and Value agree that Value owes a total of $12,912.53.


Withers Lumber Company and Value Construction & Design, CCB File No. 123274-102
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       4.        Withers paid the CCB a $50 complaint processing fee.

       Based upon the stipulation of the parties and these Findings, and in accordance with ORS
chapters 701 and 36, and OAR 812, I enter the following:

                                              AWARD

       Respondent shall pay complainant $12,912.53, plus $50.00 in costs for complainant’s
processing fee.

       Dated this 29th day of April, 2009



                                                   Anita C. Smith, Arbitrator



So Stipulated:




_______________________________                        __________________
Lori Fossholm, Secretary/Treasurer                     Date
Withers Lumber Company




_______________________________                        __________________
Kirk Sherman, Member                                   Date
Value Construction & Design, LLC



Approved as to Form:



________________________________                       __________________
David G. Hansen, OSB 080776                            Date
Attorney for Withers Lumber Company




Withers Lumber Company and Value Construction & Design, CCB File No. 123274-102
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