justicedao/ipfs_state_laws huggingface dataset:
812-001-0135 Receipt Date of Documents Any document delivered to the agency, including documents delivered by mail, fax, e-mail, or any other type of delivery, before or at 12:00:00 midnight will be considered received on the day of delivery ending at midnight. Any document delivered to the agency after 12:00:00 midnight will be considered received on the day of delivery beginning immediately after midnight. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07
812-001-0140 Response Time to Notices (1) Time for response to a notice delivered pursuant to ORS 701.117 shall run from the date of mailing. (2) OAR 137-003-0520(11) shall apply to the computation of time to respond to a notice under this rule, whether the notice is related to a contested case, arbitration or any other matter. Statutory/Other Authority: ORS 183.415, 670.310 & 701.235 Statutes/Other Implemented: ORS 183.415 & 701.117 History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 Renumbered from 812-001-0010, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 8-2004, f. & cert. ef. 10-1-04 CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 2-1992, f. & cert. ef. 4-15-92 CCB 1-1991, f. & cert. ef. 2-4-91 CCB 1-1989, f. & cert. ef. 11-1-89 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88 1BB 3-1984, f. & ef. 5-11-84 1BB 1-1983, f. & ef. 3-1-83 1BB 6-1980, f. & ef. 11-4-80 1BB 1-1978, f. & ef. 5-23-78 1BB 5, f. 6-15-76, ef. 7-1-76
812-001-0180 Refunds; NSF Check Charge (1) The agency shall refund a fee or civil penalty paid to it in excess of the amount legally due if the agency, within three years of the date of payment, determines that it received excessive payment. (2) After three years, the agency may refund a fee or civil penalty paid to it in excess of the amount legally due, if requested to do so by the person who made the excessive payment. (3) If the agency receives payment of any fees or penalty by check and the check is returned to the agency as an NSF check, the payer of the fees will be assessed an NSF charge of $25 in addition to the required payment of the fees or penalty. Statutory/Other Authority: ORS 293.445, 670, 310 & 701.235 Statutes/Other Implemented: ORS 293.445 & 701 History: CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10 CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06
812-001-0200 Consumer Notices Adoption (1) In order to comply with the requirement to adopt an information notice to owner under ORS 87.093, the Construction Contractors Board adopts the form entitled “Information Notice to Owner About Construction Liens,” as revised January 1, 2010. This form may be obtained from the agency. (2) In order to comply with the requirement to adopt a consumer notice form under ORS 701.330(1), the board adopts the form “Consumer Protection Notice” as revised April 26, 2011. (3) In order to comply with the requirement to adopt an “Information Notice to Property Owners About Construction Responsibilities” form under ORS 701.325(3), the board adopts the form “Information Notice to Property Owners About Construction Responsibilities” as revised September 23, 2008. (4) In order to comply with the requirement to adopt a notice of procedure form under ORS 701.330(2), the board adopts the form “Notice of Procedure” dated December 4, 2007. (5) The board adopts the form “Notice of Compliance with Homebuyer Protection Act” (HPA) as revised December 1, 2010. (6) The board adopts the form “Model Features for Accessible Homes” dated December 4, 2007. (7) The board adopts the form “Home Inspection Consumer Notice” dated October 27, 2009. Statutory/Other Authority: ORS 87.093, 670.310, 701.235, 701.325, 701.330 & 701.530 Statutes/Other Implemented: ORS 87.007, 87.093, 701.235, 701.325, 701.330 & 701.530 History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11 CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11 CCB 16-2010(Temp), f. & cert. ef. 12-1-10 thru 5-27-11 CCB 1-2010, f. & cert. ef. 2-1-10 CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10 CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09 CCB 2-2009(Temp), f. & cert. ef. 2-23-09 thru 8-22-09 CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08 CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08 CCB 1-2008(Temp), f. & cert. ef. 1-2-08 thru 6-29-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07 CCB 5-2006, f. & cert. ef. 3-30-06 CCB 1-2006(Temp), f. & cert. ef. 1-11-06 thru 7-10-06 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 812-001-0020 CCB 7-2004, f. 8-26-04, cert. ef. 9-1-04 CCB 5-2004(Temp), f. & cert. ef. 6-1-04 thru 11-28-04 CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04 CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04 CCB 13-2003(Temp), f. 12-19-03, cert. ef. 1-1-04 thru 6-14-04 CCB 12-2003(Temp), f. & cert. ef. 12-9-03 thru 6-6-04 CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 3-2003(Temp), f. & cert. ef. 3-11-03 thru 9-6-03 CCB 11-2002, f. 12-20-02, cert. ef. 12-23-02 CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02 CCB 9-2000, f. & cert. ef. 9-24-00 CCB 6-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-17-00 CCB 5-1999, f. & cert. ef. 9-10-99 CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99 CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92 CCB 1-1989, f. & cert. ef. 11-1-89 BB 2-1987, f. & cert. ef. 7-2-87 1BB 3-1983, f. 10-5-83, cert. ef. 10-15-83 1BB 1-1983, f. & cert. ef. 3-1-83, Renumbered from 812-011-0076 1BB 3-1982, f. 6-4-82, ef. 1-1-83 1BB 4-1981, f. 11-24-81, cert. ef. 1-1-82
812-001-0220 Unpaid Court Judgment Form Adoption The Construction Contractors Board adopts the form “Unpaid Court Judgment Filing With the CCB (ORS 701.109)”. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.109 History: CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09
812-002-0001 Applicant “Applicant” has the same meaning as licensee. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 3-2005, f. & cert. ef. 8-24-05
812-002-0002 Application of Definitions Unless other wise provided, definitions in this division apply to the rules in this chapter and statutes in ORS Chapter 701. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02
812-002-0011 Administrative Law Judge “Administrative law judge” means a person authorized to conduct hearings for the Office of Administrative Hearings. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.145 & 701.146 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2003, f. & cert. ef. 8-8-03
812-002-0020 Agency “Agency” means the administrative agency including the staff of the Construction Contractors Board. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.515 History: CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0035 Appeal Committee "Appeal Committee" means the appeal committee appointed under ORS 701.260. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.260 History: CCB 2-2001, f. & cert. ef. 4-6-01
812-002-0040 Appurtenance “Appurtenance” means any accessory improvement to real estate associated with a structure. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 656.027, 701.005, 701.139, 701.145, 701.146 & 701.325 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0060 Bid “Bid” as used in ORS 701.021 does not include a prospectus for an art project. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 279C.460 & 701 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 10-2011, f 9-29-11, cert. ef. 10-1-11 CCB 18-2008, f. & cert. ef. 11-20-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0080 Board “Board” means the nine-member appointed Construction Contractors Board. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 87.058, 87.093 & 701 History: CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0120 Casual, Minor or Inconsequential (1) “Casual, minor or inconsequential” as used in ORS 701.010(4) means work: (a) That does not require a permit; (b) That does not affect the health or safety of the owner or occupant of the structure; (c) For which the aggregate contract price for all work on one structure or project is less than $1,000; and (d) That does not include work done as a subcontractor to a licensee. (2) Work involving lead-based paint abatement, inspection, renovation or risk assessment of child-occupied facilities or target housing, as those terms are defined in OAR 812-007-0020, affects the health and safety of owners and occupants and is not “casual, minor or inconsequential” work. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 656.027 & 701.010 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0140 Complaint “Complaint,” as used in OAR chapter 812, means a complaint filed and processed under ORS 701.131–701.180. Complaints are classified by type as follows: (1) “Construction lien complaint” is a complaint filed by an owner against a primary contractor to discharge or to recoup funds expended in discharging a construction lien filed by an employee, supplier or subcontractor because the primary contractor did not pay the employee, supplier or subcontractor. (2) “Employee complaint” is a complaint for unpaid wages or benefits filed by an employee of a licensee or by the State of Oregon Bureau of Labor and Industries to collect unpaid wages from a licensee for work done by the employee relating to the licensee’s operation as a contractor under ORS Chapter 701. (3) “Employee trust complaint” is a complaint for unpaid payments for employee benefits filed by a trustee with authority to manage and control a fund that receives the employee benefit payments. (4) “Material complaint” is a complaint filed by a supplier who has not been paid for materials sold to a licensee to be used and installed in a specific structure located within the boundaries of the State of Oregon, or for the rental of equipment to a licensee to be used in the performance of the work of a contractor in connection with such a structure. (5) “Owner complaint” is a complaint filed by an owner for breach of contract, or for negligent or improper work subject to ORS Chapter 701, or a construction lien complaint. (6) “Primary contractor complaint” is a complaint by a primary contractor against a licensed subcontractor. (7) “Subcontractor complaint” is a complaint filed by a subcontractor arising out of a contract between the subcontractor and a primary contractor for unpaid labor or materials furnished under the contract. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 87.058, 87.093 & Ch. 701 History: CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 8-2004, f. & cert. ef. 10-1-04 CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0143 Complainant “Complainant” means a person who files a complaint against a contractor under ORS 701.131 to 701.180. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.131 - 701.180 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07
812-002-0160 Construction Management “Construction management” is the coordinating of a construction project, including, but not limited to, selecting contractors to perform work on the project, obtaining permits, scheduling specialty contractors’ work, and purchasing materials. “Construction management” does not include consulting work performed by a registered engineer or a licensed architect when operating as provided by ORS 701.010(8). Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005, 701.021, 701.026 & 701.238 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 10-2011, f 9-29-11, cert. ef. 10-1-11 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0170 Contractor “Contractor” has the same meaning as that term is given in ORS 701.005. Contractors include persons who are and who are not licensed under ORS Chapter 701. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 History: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-002-0180 Contractor Became Aware of the Requirement “Contractor became aware of the requirement” (to license) as used in ORS 701.131 includes but is not limited to the date a letter or a proposed order is mailed to the address of record from the agency indicating that the contractor was performing the work of a contractor and must be licensed with the Construction Contractors Board. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.131 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0190 Court, Arbitrator or Other Entity “Court, arbitrator or other entity” means a court of competent jurisdiction or an arbitrator or other entity authorized by law or the parties to a dispute to effect a resolution to the dispute. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 183.415, 813.460 & 701.131 - 701.180 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 8-2004, f. & cert. ef. 10-1-04 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98
812-002-0200 Date the Contractor Becomes Aware of a Lapse in License “Date the contractor becomes aware of a lapse in license” includes but is not limited to the date a notice is mailed to the address of record from the Construction Contractors Board that his/her license has been suspended, terminated or lapsed for any reason. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.063 & 701.131 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0220 Date Contractor Incurred Indebtedness “Date the contractor incurred the indebtedness” as used in ORS 701.143, has the following meanings: (1) For a material complaint, this date is the date of delivery or the date the purchaser takes possession of the materials that are the subject of the complaint. If the delivery date is unknown, the date of the invoice applies except in the case of special or custom ordered materials, the date of order constitutes the date of indebtedness. (2) For an employee complaint or employee trust complaint, this date is the date the employee performed the work that is the subject of the complaint. (3) For a subcontractor complaint, this date is the date the subcontractor ceases to perform the work at issue in the complaint, substantially completes the work or submits a request for payment for the work, whichever occurs first. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.143 & 701.145 History: CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07 CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0230 Days "Days" as used in this chapter means calendar days, unless otherwise provided or the context otherwise indicates. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02
812-002-0250 Direct Contractual Relationship “Direct Contractual Relationship” as used in OAR 812-004-0320 or 812-004-1320 has the following meanings: (1) For an owner, construction lien or primary contractor complaint, “direct contractual relationship” means a relationship created by a contract between the complainant and the respondent providing that the respondent perform construction work in return for valuable consideration conveyed directly from the complainant to the respondent. (2) For a material complaint or subcontractor complaint, “direct contractual relationship” means a relationship created by a contract between the complainant and the respondent providing that the complainant provide labor, material or rental equipment in return for valuable consideration conveyed directly from the respondent to the complainant. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.235 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 8-2004, f. & cert. ef. 10-1-04
812-002-0260 Dishonest or Fraudulent Conduct "Dishonest or fraudulent conduct", as used in ORS 701.098(1)(o) and (4)(a)(D) includes, but is not limited to, the following: (1) Acting in a manner that, because of a wrongful or fraudulent act by the applicant or licensee, has resulted in injury or damage to another person; or (2) Failing to pay monies when due for materials or services rendered in connection with the applicant's or licensee's operations as a contractor when the applicant or licensee has received sufficient funds as payment for the particular construction work project or operation for which the services or materials were rendered or purchased; or (3) Accepting payment in advance on a contract or agreement and failing to perform the work or provide services required by the contract or agreement in a diligent manner and failing to return payment for unperformed work, upon reasonable and proper demand, within ten days of demand; or (4) Displaying to the public false, misleading, or deceptive advertising whereby a reasonable person could be misled or injured; or (5) Submitting a license application that includes false or misleading information; or (6) Submitting a false gross business volume certification in order to qualify for a reduced bond amount as set forth in OAR 812-003-0280; or (7) Failing to pay minimum wages or overtime wages as required under state or federal law; or (8) Failing to comply with the state Prevailing Wage Rate Law, ORS 279C.800 to 279C.870; or (9) Failing to comply with the federal Davis-Bacon and related acts when the terms of the contract require such compliance. (10) Failing to pay wages as determined by the Bureau of Labor & Industries, Wage and Hour Division. (11) Failing to timely pay a civil penalty or fine imposed by a unit of local, state, or federal government. (12) Presenting for payment to the Board a check that subsequently is returned to the agency due to non-sufficient funds or closure of the account. (13) Entering into a settlement agreement under ORS 701.145 and failing to comply with the terms of the settlement agreement. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.098 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 16-2011, f. 12-13-11, cert. ef. 1-1-12 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 9-2004, f. & cert. ef. 12-10-04 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02 CCB 14-2000, f. & cert. ef. 12-4-00 CCB 11-2000(Temp), f. 9-21-00, cert. ef. 9-21-00 thru 3-19-01 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0262 Engaged in the Commercial Harvest of Forest Products “Engaged in the commercial harvest of forest products” as used in ORS 701.005(5)(e) means engaged in buying or selling fallen trees, logs, poles or pilings. “Engaged in the commercial harvest of forest products” does not mean masticating, chipping or mulching trees or brush on site. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 History: CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09
812-002-0265 Exercises Management or Supervisory Authority Over the Construction Activities of the Business “Exercises management or supervisory authority over the construction activities of the business” as used in ORS 701.005 means meaningfully participating in: (1) The administration of construction contracts performed by the business; or (2) The administration of the day-to-day operations of the business. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 History: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-002-0275 Family Members “Family members” mean members of the same family and are parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, or grandchildren. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 3-2005, f. & cert. ef. 8-24-05
812-002-0280 For Compensation or With the Intent to Sell “For compensation or with the intent to sell” as used in ORS 701.005 is not intended to include real estate licensees engaged in professional real estate activities as defined in 696.010(13). Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005, 701.010, 701.021, 701.026 & 701.131 History: CCB 10-2011, f 9-29-11, cert. ef. 10-1-11 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 4-2003, f. & cert. ef. 6-3-03 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0300 Gardener "Gardener" as used in ORS 701.005 means a person who cares for plots of ground where herbs, fruits, flowers, or vegetables are cultivated, including the removal of trees up to 15 feet in height when the diameter of the tree is four inches or less at ground level, and removal of tree limbs up to 15 feet above ground level when the diameter of the limb is three inches or less. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0320 General Contractor "General contractor" means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises, subcontracts to be performed or performs in whole or in part. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 4-1998, f. & cert. ef. 4-30-98
812-002-0325 Good Cause “Good cause” as used in ORS 279C.585 exists if the prime contractor that substituted an undisclosed first-tier subcontractor can show that a reasonable person with the knowledge possessed by the prime contractor when the substitution was made would have concluded that: (1) The substitution was consistent with, and did not violate, public policy expressed in ORS 279C.305, that public agencies shall make every effort to construct public improvements at the least cost to the public; and (2) One or more of the following facts was true: (a) The subcontractor was financially unstable. (b) The subcontractor had an unacceptable performance history on past contracts. (c) The subcontractor had an unacceptable history of untimely performance. (d) The subcontractor had an unacceptable history of filing excessive claims and lawsuits on past contracts. (e) The subcontractor had an unacceptable work safety record. (f) The subcontractor did not have sufficient human resources to do the work required under contracts entered into by the subcontractor. (g) The subcontractor failed or refused to meet insurance requirements of the prime. (h) The subcontractor failed or refused to meet requirements of ORS 279C.505(2). (i) The subcontractor’s ability to successfully perform the project and protect the guarantees placed by the prime contractor was substantially jeopardized. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 279.322 History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 2-2002, f. & cert. ef. 3-1-02 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02