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The firm recently achieved a great success for its client in this matter. The appellate court victory provided both a milestone for sureties in Oregon, and clarified basic contract law in the state. First, the Court of Appeals ruled that Gulf had not entered into a settlement agreement where it had requested "immediate" response to a settlement offer and the school district attempted to accept the offer more than 19 months later. The Court agreed with Gulf that the purported acceptance did not come as invited (immediately). Second, the Court of Appeals unequivocally ruled that contractual time limitation provisions found in a public works bond is binding on the public obligee. The Court found that the contractual time limitation provision trumped the general statute of limitations for contract claims, and that the provision barred the public obligee from asserting a government immunity defense to time limitations.
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ATTORNEYS
Jan D. Sokol
Lawrence A. Wagner
AREAS
Business & Commercial Litigation
Surety & Fidelity
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