Project Overview and Parties Involved
Pluum Construction, an Oregon company, worked on a residential project at 4915 SE 77th Avenue in Portland. Several subcontractors joined the effort. A-Tech supplied kitchen countertops. Nechi installed flooring. Aguilar handled drywall. O’Reiley took on plumbing. Vale provided insulation. Andersen Electric oversaw lighting and wiring. Millers managed HVAC systems. The project’s general contractor, Probuild Contractors, faced owner complaints, which then reached Pluum.
What Triggered the Dispute
Although Pluum denied liability, it received secondary notice of claims. Pluum then pointed to the subcontractors’ performance. It asserted that any issues stemmed from their workmanship, materials, or supervision. Pluum maintained it did not cause the alleged defects but might bear the consequences unless the court reassigned fault.
Impact on Pluum Construction
The legal dispute placed Pluum at financial risk. It faced the threat of court-ordered damages and incurred legal expenses. Project defects led to reputational strain and operational disruption. Though Pluum said it fulfilled its duties, the surrounding claims created uncertainty and liability exposure.
What Pluum Wants
Pluum sought to recover any damages it might have to pay. It requested the court to order indemnity or contribution from the subcontractors. These included costs of repairs, demobilization, legal fees, and other relief. Pluum also preserved the right to expand its claims.
Key Arguments and Proceedings
Legal Representation
Plaintiff(s): Daphne Strohl
Counsel for Plaintiff: Michael Owen Stevens | Cillian S Hammaker | Robert L Wilson | TeAnna L Rice
Defendant(s): PDX Restoration, LLC | PROBuild Contractors, LLC
Counsel for Defendants: Christopher R Piekarski | Damian P Stutz | Philip R Bennett
Third-Party Plaintiff: PRO Build Contractors, LLC
Counsel for Third-Party Plaintiff: Christopher R Piekarski
Third-Party Defendant(s): Pluum Construction | Core General Contractors LLC | Craig Lauritzen Enterprises
Counsel for Third-Party Defendants: Amanda A Bowers | Jennifer L Crow | Jeremy L Muth | Michael Joseph Gilroy
Fourth-Party Plaintiff: Pluum Construction
Counsel for Fourth-Party Plaintiff: Amanda A Bowers | Jennifer L Crow
Fourth-Party Defendant(s):A-Tech Construction of Clakamas, Inc. (fka A-Tech Granite and Marble Inc.) | Aguilar Construction LLC | Andersen Electric, Inc. | John O’Reiley’s Rooter and Pumping Services | Millers Heating & Air | Nechi’s Floor Covering, Inc. | Vale Insulation Group Inc.
Counsel for Fourth-Party Defendants: Jack Kinsey | Annalie M Faddis | Daryane L Couto
Claims Raised
Indemnity: Pluum argued the subcontractors were directly responsible for the defects and should fully cover any resulting liabilities.
Negligence: Pluum claimed the subcontractors failed to perform competently, breaching their duty of care. It sought proportional contribution under Oregon law.
Defense
PDX Restoration, LLC and ProBuild Contractors, LLC denied the majority of allegations in Daphne Strohl’s complaint, including claims of negligence and breach of contract. While they acknowledged limited facts such as corporate status and receipt of payments, they firmly rejected any liability for alleged property damage.
In their defense, the companies raised multiple affirmative defenses. They argued that Strohl failed to mitigate damages and sought compensation for items beyond the contract’s scope. They also cited comparative fault, alleging Strohl failed to secure property and even directed them not to clean certain areas. Additionally, they claimed Strohl breached the contract by filing suit without first mediating as required. The defendants attributed the damages to third parties or intervening acts and asserted they met industry standards. They reserved the right to amend their defenses or add counterclaims as the case progresses.
Jury Verdict
The jury found that ProBuild Contractors, LLC breached its contract and implied warranty with Daphne Strohl, awarding her a total of $115,120 in damages—$54,120 for breach of contract, $20,000 for breach of warranty, $18,000 for property damage, and $23,000 in non-economic damages. The jury also determined that third-party defendant Pluum Construction must contribute $41,442 toward the total damages. The verdict was reached through a structured, sectioned form requiring agreement from at least nine jurors on each issue.
Court Documents
Court documents are available for purchase upon request at [email protected]
