Chapter 393 Oregon Laws 2003

 

AN ACT

 

SB 41

 

Relating to attorney fees.

 

Be It Enacted by the People of the State of Oregon:

 

          SECTION 1. A prevailing party in a civil action relating to an express or implied contract is entitled to an award of attorney fees that is authorized by the terms of the contract or by statute, even though the party prevails by reason of a claim or defense asserting that the contract is in whole or part void or unenforceable.

 

          SECTION 2. (1) Except as provided in subsection (2) of this section, section 1 of this 2003 Act applies to contracts entered into before, on or after the effective date of this 2003 Act.

          (2) Section 1 of this 2003 Act does not apply to any action relating to an express or implied contract that is commenced before the effective date of this 2003 Act as described in ORS 12.020.

 

Approved by the Governor June 17, 2003

 

Filed in the office of Secretary of State June 18, 2003

 

Effective date January 1, 2004

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