Construction Contractors Board Portland Oregon - DOC

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


In the Matter of the Arbitration between:

NW CONCRETE SPECIALIST LLC,                             Arbitration Claim No: 148436-102
Claimant

and                                                         ARBITRATION AWARD
WIN CONSTRUCTION INC.,
Respondent

        This arbitration claim was timely filed in accordance with ORS 701.143. All items
determined are within the scope of ORS Chapter 701. All claim items determined require
licensing with the Board. NW Concrete LLC (Claimant) alleges that WIN Construction Inc.
(Respondent) failed to pay for concrete work Claimant performed at 4192 S.W. Greenleaf Drive
in Portland, Oregon from April through June 2006. Claimant seeks monetary damages in the
amount of $13,567.

       On November 24, 2006, pursuant to its authority under ORS 701.148(1), and subject to
the provisions of ORS 701.148(4), CCB referred this matter to the Office of Administrative
Hearings, as required under ORS 701.149, for binding arbitration, in accordance with OAR
Chapter 812, Division 10. A Notice of Arbitration Hearing, along with a copy of OAR Chapter
812 Division 10, was served on the parties in accordance with ORS 701.080 and OAR 812-010-
0085.

        On February 12, 2007, Arbitrator Catherine P. Coburn conducted a hearing in Beaverton,
Oregon. WIN Construction Inc. corporate president James Cunningham represented Respondent
and called Mark A. New as a witness. Claimant failed to appear for hearing.

         Under OAR 812-010-0300(2), “an arbitrator may dismiss a claim without an evidentiary
hearing if the party making the claim fails to appear after due notice and without good cause.”
The file reflects that notice of the hearing time and place was accomplished. Further, the Office
of Administrative Hearings has received no communication from Claimant asserting any cause
for its failure to appear for hearing. Accordingly, I enter the following:




NW CONCRETE SPECIALIST LLC and WIN CONSTRUCTION INC.
CCB Case No. 148436-102
Page 1 of 2
                                         AWARD

      Claim number 57308-101 is dismissed.

      Dated this 14th day of February, 2007


                                          ___________________________________
                                          Catherine P. Coburn, Arbitrator
                                          Office of Administrative Hearings




NW CONCRETE SPECIALIST LLC and WIN CONSTRUCTION INC.
CCB Case No. 148436-102
Page 2 of 2

				
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