reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.084 - Commercial contractors; bond; insurance; responsible managing individual; key employees.

(1) A commercial general contractor level 1 shall:
(a) Obtain a surety bond under ORS 701.068 in the amount of $80,000;
(b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $2 million;
(c) Have a responsible managing individual who meets the requirements of ORS 701.091; and
(d) Have one or more key employees with a combined total of at least eight years of experience described in ORS 701.050.
(2) A commercial specialty contractor level 1 shall:
(a) Obtain a surety bond under ORS 701.068 in the amount of $55,000;
(b) Obtain general liability insurance under ORS 701.073 in an amount not less than $1 million;
(c) Have a responsible managing individual who meets the requirements of ORS 701.091; and
(d) Have one or more key employees with a combined total of at least eight years of experience described in ORS 701.050.
(3) A commercial general contractor level 2 shall:
(a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;
(b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $1 million;
(c) Have a responsible managing individual who meets the requirements of ORS 701.091; and
(d) Have one or more key employees with a combined total of at least four years of experience described in ORS 701.050.
(4) A commercial specialty contractor level 2 shall:
(a) Obtain a surety bond under ORS 701.068 in the amount of $25,000;
(b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000;
(c) Have a responsible managing individual who meets the requirements of ORS 701.091; and
(d) Have one or more key employees with a combined total of at least four years of experience described in ORS 701.050.
(5) A commercial developer shall:
(a) Obtain a surety bond under ORS 701.068 in the amount of $25,000; and
(b) Obtain general liability insurance under ORS 701.073 in an amount not less than $500,000. [2007 c.836 §4; 2008 c.5 §1; 2023 c.254 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.085

[1971 c.740 §10; 1975 c.383 §4; 1975 c.721 §3; 1979 c.874 §2; 1981 c.618 §1; 1983 c.616 §10; 1989 c.430 §3; 1989 c.624 §3; 1989 c.928 §10; 1991 c.181 §4; 1995 c.771 §2; 1997 c.301 §2; 1999 c.325 §3; 1999 c.344 §2; 1999 c.402 §21a; 2001 c.157 §1; 2001 c.196 §6; 2001 c.197 §12; 2003 c.675 §74; 2007 c.648 §22; 2007 c.793 §7; 2007 c.836 §61; renumbered 701.068 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.086 - Key employee continuing education.

(1) A commercial general contractor level 1 or commercial specialty contractor level 1 shall have a key employee, or combination of key employees, who completes at least 40 hours of continuing education per year.
(2) A commercial general contractor level 2 or commercial specialty contractor level 2 shall have a key employee, or combination of key employees, who completes the equivalent of at least 16 hours of continuing education per year.
(3) Notwithstanding subsection (1) of this section, if a commercial general contractor level 1 or commercial specialty contractor level 1 has no more than four key employees, the contractor shall have a key employee, or combination of key employees, that completes continuing education each year equivalent to the number of key employees multiplied by eight hours.
(4) Continuing education may be provided by post-secondary institutions, trade schools, trade associations, professional societies, private companies, public agencies, business associations and contractor-provided in-house training programs. Continuing education topics may include, but need not be limited to, construction means, methods and business practices.
(5) A contractor applying for renewal shall certify the number of continuing education hours completed during the preceding licensing period.
(6) A contractor subject to this section shall maintain records of the continuing education completed by key employees.
(7) This section does not apply to a commercial contractor:
(a) That is subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter 693; or
(b) As provided by rule by the Construction Contractors Board. [Formerly 701.124]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.088 - Contractor rehabilitating illegal drug manufacturing site; substitution for bond; fee; rules.

(1) As used in this section:
(a) "Illegal drug manufacturing site" has the meaning given that term in ORS 453.858.
(b) "Nonprofit organization" means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.
(2) The Construction Contractors Board shall adopt rules prescribing terms and conditions under which a general or specialty contractor that is a nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may substitute a letter of credit from a bank authorized to do business in this state, or substitute a cash deposit, for a bond required under ORS 701.068. A letter of credit or cash deposit described in this section substitutes for a bond only for purposes of work the contractor performs on an illegal drug manufacturing site. The letter of credit or cash deposit must be equivalent in amount to the bond that would otherwise be required of the contractor under ORS 701.068.
(3) The board may charge a contractor a fee to cover any expense incurred by the board in allowing the contractor to substitute a letter of credit or cash deposit under this section.
(4) A contractor that supplies a letter of credit or cash deposit under this section is considered to be bonded under ORS 701.068 for purposes of performing rehabilitation work on illegal drug manufacturing sites. A letter of credit or cash deposit that a contractor supplies under this section is considered to be a surety bond issued under ORS 701.068 for purposes of claims involving the contractor’s rehabilitation work on illegal drug manufacturing sites. The issuer of a letter of credit described in this section is considered to be a surety for a bond only for purposes of receiving notification of a determination under ORS 701.068 or 701.146. [2007 c.203 §2; 2011 c.630 §§40,61; 2016 c.99 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.091 - Responsible managing individual.

(1) A business licensed under this chapter must at all times have at least one responsible managing individual.
(2) Subsection (1) of this section does not apply to a business licensed with endorsement solely as a residential or commercial developer. [Formerly 701.078]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.093 - Change in responsible managing individual; temporary managing individual.

(1) If a person ceases to be the responsible managing individual for a contractor or business that is required under this chapter to have a responsible managing individual, the contractor or business shall include the following information in the notification to the Construction Contractors Board under ORS 701.114:
(a) The name of the former responsible managing individual;
(b) If the contractor or business is designating a qualified employee to be the responsible managing individual, the name and address for the employee;
(c) If the contractor or business is designating an individual to be a temporary responsible managing individual, the name and address of the individual; and
(d) Any other information required by the board.
(2) Notwithstanding ORS 701.081, 701.084 and 701.091, a contractor or business described in subsection (1) of this section may operate with a temporary responsible managing individual while awaiting verification from the board that an individual designated by the contractor or business to be the responsible managing individual is qualified to hold the position. A contractor or business may operate with a temporary responsible managing individual for the earlier of 14 days after giving the notification or until the date on which the contractor or business receives notice that the board has approved an individual to be the responsible managing individual for the contractor or business. [2017 c.483 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.094 - Definition for ORS 701.098 and 701.102; rules.

(1) As used in ORS 701.098 and 701.102, "owner" means:
(a) A sole proprietor of, partner in or holder of a controlling interest in a business; or
(b) A person defined as an owner by Construction Contractors Board rule.
(2) The board shall adopt rules defining an owner for purposes of subsection (1) of this section. The rules may not define an owner in a manner that includes an investor who has no right to manage a business, including but not limited to:
(a) A person who is solely a minority shareholder in a corporation;
(b) A member of a manager-managed limited liability company; or
(c) A limited partner in a limited partnership who does not participate in the control of the business of the limited partnership. [Formerly 701.077]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.105

[1971 c.740 §12; 1975 c.383 §5; 1979 c.312 §3; 1983 c.616 §11; 1989 c.624 §4; 1989 c.928 §12; 1991 c.181 §6; 1999 c.325 §4; 1999 c.402 §24a; 2001 c.196 §7; 2003 c.675 §75; 2003 c.766 §§1,2; 2007 c.648 §§19,20; 2007 c.836 §§23,24; renumbered 701.073 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.106 - Sanction for violation or failure to comply with certain laws.

(1) A contractor that violates or fails to comply with any of the following provisions or any rules adopted under those provisions is subject to the suspension of, revocation of, refusal to issue or refusal to renew a license, imposition of a civil penalty under ORS 701.992, or a combination of those sanctions:
(a) ORS 87.007 (2).
(b) ORS chapter 316 or 317.
(c) ORS 446.225 to 446.285.
(d) ORS 446.395 to 446.420.
(e) ORS 447.010 to 447.156.
(f) ORS chapter 455.
(g) ORS 460.005 to 460.175.
(h) ORS 479.510 to 479.945.
(i) ORS 480.510 to 480.670.
(j) ORS chapter 656.
(k) ORS chapter 657.
(L) ORS 670.600.
(m) ORS 671.510 to 671.760.
(n) ORS chapter 693.
(2) The imposition of a sanction under this section is subject to ORS 183.413 to 183.497. [2007 c.114 §14]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.107 - Sanction for assisting evasion of obligations.

In addition to any other authority granted to the Construction Contractors Board, the board may revoke, suspend or refuse to issue a license to a person if the board finds that the person has engaged in dishonesty by supplying any governmental entity or person with false information regarding the activities of a construction contracting business, knowing, or having reason to know, that the false information will result in any person evading all or part of an obligation with regard to:
(1) Any federal, state or local income tax laws;
(2) Social security contributions;
(3) Unemployment taxes;
(4) Workers’ compensation premiums;
(5) Wage and hour laws;
(6) Federal or state occupational safety and health laws;
(7) Child support;
(8) Alimony;
(9) A judgment;
(10) A garnishment; or
(11) Other laws or debts identified by the board by rule. [2013 c.251 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.108 - Failure to comply with prevailing wage rate or other wage and hour standards for energy efficiency and sustainable technology projects.

(1) If a project financed under the energy efficiency and sustainable technology loan program is to be constructed for a commercial structure, the State Department of Energy shall require that the certified contractor pay the employees used for the project at the prevailing wage rate determined by the Commissioner of the Bureau of Labor and Industries for each trade or occupation employed. If a project is not to be constructed for a commercial structure, but the department is uncertain whether prevailing wage requirements apply to the project, the department shall consult with the Bureau of Labor and Industries. As used in this subsection, "commercial structure" means a structure that is not a residential structure.
(2) If the Construction Contractors Board receives a complaint that a contractor certified under ORS 701.119 has failed to comply with a wage and hours standard for work on a project financed under the energy efficiency and sustainable technology loan program, the board shall forward the complaint to the Bureau of Labor and Industries. If the bureau determines that the contractor has violated a wage and hours standard for work on a project financed under the loan program, the bureau shall notify the board of the determination. [2009 c.753 §52]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.109 - Reporting of final judgments.

(1) As used in this section, "judgment" means:
(a) A judgment issued in a court action; or
(b) A court order that confirms an arbitration award.
(2) A contractor shall send the Construction Contractors Board a copy of a final judgment entered by a circuit court of this state, or by an equivalent court in another state, if the judgment orders the contractor to pay damages that arise from a breach of contract or from negligent or improper work and that relate to the construction or proposed construction of a residential structure. The contractor shall cause the copy of the final judgment to be delivered to the board no later than 45 days after the final judgment is recorded.
(3) Notwithstanding subsection (2) of this section, a contractor is not required to send the board a copy of a final judgment if:
(a) The contractor paid the damages and other amounts payable by the contractor under the judgment no later than 30 days after recording of the judgment; or
(b) The contractor is appealing the judgment and has filed any undertaking on appeal required by ORS 19.300.
(4) In determining whether to impose a disciplinary sanction under this chapter, the board shall give due consideration to any past or current attempts by the contractor to make payments toward satisfaction of a judgment. [2007 c.540 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.110 - License suspension for unpaid determined wage claim.

Upon receipt of the notification provided by the Commissioner of the Bureau of Labor and Industries under ORS 652.333 stating that a contractor or a business has failed to pay the amounts due as ordered in a final determination order within 60 days of the issuance of the order, the Construction Contractors Board shall, after notice and opportunity for a hearing under ORS chapter 183, suspend the license of the contractor or the business. [2019 c.444 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.112 - Continuation of board authority when change occurs in license status.

A lapse, surrender, suspension or other change in license status does not affect any authority otherwise granted the Construction Contractors Board to proceed with an investigation, conduct a disciplinary hearing or take disciplinary action against a person for a violation of this chapter or rules of the board, or to determine a timely complaint described in ORS 701.140. [Formerly 701.103]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.114 - Change in responsible managing individual or persons exercising control of contractor.

(1) Except as provided in this subsection, a contractor licensed under this chapter shall immediately notify the Construction Contractors Board of any change in the identity, name or address of a person who holds a position with the contractor that is described in ORS 701.046 (1)(h), (i) or (j) or of a responsible managing individual for the contractor as defined in ORS 701.091. A contractor described in ORS 701.046 (2) is not required to report a change in the identity, name or address of a person described in ORS 701.046 (1)(h), (i) or (j).
(2) Except as provided in this subsection, if a partner or joint venturer departs from a contractor that is a partnership or joint venture, the contractor must obtain a new license before continuing to conduct activities that require a license under this chapter. A contractor described in ORS 701.046 (2) that is a partnership or joint venture is not required to obtain a new license upon departure of a partner or joint venturer. [2007 c.114 §7; 2007 c.478 §1a; 2009 c.226 §7; 2013 c.300 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.115

[1971 c.740 §13; 1975 c.721 §5; 1983 c.616 §12; 1989 c.624 §6; 1989 c.928 §13; 1993 c.470 §2; 1997 c.818 §2; 1999 c.402 §25; 2001 c.196 §8; 2003 c.675 §76; 2005 c.432 §11; 2007 c.836 §25; renumbered 701.063 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.117 - Contractor to notify board of address change or change in exemption status; effect of mail to last-known address.

(1) A contractor shall notify the Construction Contractors Board of:
(a) Any change of address while licensed and for one year following the date the contractor’s license expires or otherwise becomes inactive; and
(b) A change in the contractor’s status as exempt under ORS 701.035 (2)(b) to nonexempt under ORS 701.035 (2)(a), or from nonexempt to exempt.
(2) The contractor shall notify the board of a change described in subsection (1) of this section within 10 days after the date upon which the change occurs. A failure to provide timely notification under this subsection is a violation that is subject to the penalties provided in ORS 701.992 (4).
(3) Initial notice of a contested case directed by the board to the last-known address of record is delivered when deposited in the United States mail and sent registered or certified or post office receipt secured. Any other communication directed by the board to the last-known address of record is delivered when deposited in the United States mail, regular mail. [Formerly 701.080; 2011 c.630 §§41,62; 2016 c.99 §4; 2023 c.277 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.119 - Certification to participate in small scale local energy project program.

(1) A licensed contractor that possesses an appropriate endorsement may apply to the Construction Contractors Board for certification to participate as a primary contractor, as defined in ORS 470.050, in the construction of small scale local energy projects financed through the energy efficiency and sustainable technology loan program. The board may issue the certification to a contractor that meets the standards established by the State Department of Energy under ORS 470.560. The board may charge a reasonable fee for certifying a contractor.
(2) If the board receives information that the contractor has failed to comply with the certification standards established by the department or has violated a wage and hours standard described in ORS 701.108, the board shall hold a hearing and may revoke the certification.
(3) The board shall give the department notice of the issuance or revocation of a certification under this section. [2009 c.753 §51; 2013 c.8 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.120 - Specialized education programs; standards; specialized education notation in credentials; removal of notation; rules for use of credentials.

(1) As used in this section, a "specialized education program" means one or more of the following:
(a) A structured program that is approved or certified by an appropriate state or federal agency, or by an organization recognized by the Construction Contractors Board as representing construction contractors, and is designed to educate contractors to deal with one or more specific consumer health or safety issues.
(b) A board-approved program from an accredited college or university that grants a two-year or four-year degree upon successful completion of the program.
(c) An apprenticeship program that is approved by the board.
(2) The board may identify general contractor and specialty contractor activities that require or substantially benefit from specialized education and establish standards for programs providing specialized education in those activities. The board may recognize and adopt the program standards established by another state agency regulating the same or related activities.
(3) Upon receipt of a request from a contractor who has successfully completed a specialized education program meeting board standards, the board shall note the specialized education on the contractor’s licensing record as part of the contractor’s professional credentials. The board may remove a professional credential from the contractor’s licensing record if the contractor fails to complete continuing education or other requirements imposed by the entity issuing the credential for maintaining competency in the activity, if the requirements were clearly stated in writing and provided to the contractor by the entity.
(4) The board shall include professional credentials described in this section in releases of contractor licensing information by the board. The board shall adopt rules to permit the inclusion of professional credentials described in this section in advertising or other information holding forth to the public the qualifications of a contractor. [2001 c.428 §1]
Note:
701.120 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.122 - Training requirements for individuals and businesses; testing of business license applicant; exception; rules.

(1) The Construction Contractors Board, by rule, shall impose training requirements for individuals and businesses seeking to be licensed under this chapter. The training required by the board must relate to business practices and laws affecting construction contractors. The board shall adopt standards for programs that provide training that meets the requirements of this subsection.
(2) In establishing training requirements under subsection (1) of this section, the board shall take into consideration the availability of training programs within the state and shall encourage training providers to use the most up-to-date technology. The board shall recognize and grant credit for training provided by private organizations if the training program meets the standards established by the board under subsection (1) of this section. The board periodically shall review the qualifications of private organizations and instructors to determine compliance with the program standards. The board shall develop and make available to the public a list of public and private programs that provide training that meets the training requirements established by the board under subsection (1) of this section.
(3) The board, by rule, shall approve a test for applicants for licensing under ORS 701.046. The test shall measure the applicant’s knowledge regarding business practices and laws that are the subject of the training required under subsection (1) of this section.
(4) Subsections (1) and (3) of this section do not apply to an applicant for licensing with endorsement solely as a residential or commercial developer. [Formerly 701.072]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.125

[1971 c.740 §14; 1973 c.832 §57; 1975 c.721 §6; 1983 c.180 §3; 1999 c.402 §26; 2005 c.432 §12; renumbered 701.056 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.128 - Suit for damages for misrepresentation.

If any person suffered costs or damages as a result of an individual providing a false or invalid Construction Contractors Board number or otherwise misleading a person with respect to licensure with the board, that person may bring suit in a court of competent jurisdiction to recover damages. The court may award reasonable attorney fees to the prevailing party in an action under this section. [Formerly 701.067]
Note:
701.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.130

[1983 c.180 §2; 1989 c.624 §5; 1989 c.928 §14; 1991 c.703 §38; 1999 c.402 §27; 2005 c.432 §13; renumbered 701.238 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.133 - Notice of intent to file complaint; fees; rules.

(1) Unless otherwise provided by the Construction Contractors Board by rule, before filing a complaint under ORS 701.139, a person must send notice to the contractor that the person intends to file the complaint. The person must send the notice at least 30 days before filing the complaint. The notice must be mailed by certified mail to the last known address of the contractor as shown in board records. The board by rule may:
(a) Specify the manner in which the person may show compliance with this subsection at the time of filing the complaint.
(b) Provide that all or part of the requirements for sending a notice under this subsection may be waived if the contractor, by other means, has actual notice of the dispute with the person filing the complaint.
(2) If the notice described in subsection (1) of this section is mailed to the contractor fewer than 45 days before expiration of the time limitation under ORS 701.143 for the board to receive the complaint, the time limitation for the board to receive the complaint does not expire until 60 days after the notice is mailed.
(3) The board by rule may impose a processing fee for complaints filed under ORS 701.139. The fee amount may not exceed $100. The board may impose different processing fees for complaints processed under ORS 701.145 than for complaints processed under ORS 701.146.
(4) If the board adopts rules under subsection (3) of this section, the rules:
(a) Except as provided in paragraphs (b) and (c) of this subsection, must provide that a prevailing complainant recover processing fees.
(b) Must provide that the board may waive or defer all or part of the processing fee upon application by the person filing the complaint that shows the person is unable to pay all or part of the fee. The application must be made under oath and notarized. The application must show the average monthly income and expenses of the complainant, assets and liabilities of the complainant and any other information required by board rule.
(c) May provide for the processing fee to be waived for all complaints that are based on the furnishing of labor by a complainant to a contractor. The board may provide for processing fee waiver under this paragraph only if, in the opinion of the board, a majority of complainants who file complaints based on the furnishing of labor to contractors are eligible for fee waivers as described in paragraph (b) of this subsection.
(5) Notice of a valid wage claim received under ORS 652.333 satisfies the notice of intent to file a complaint required by subsection (1) of this section. [Formerly 701.147; 2010 c.107 §§49,50; 2011 c.595 §137; 2011 c.630 §§42,43,63; 2016 c.99 §5; 2019 c.444 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.135

[1971 c.740 §15; 1975 c.721 §7; 1979 c.874 §3; 1981 c.618 §6; 1987 c.414 §40b; 1989 c.430 §7; 1989 c.744 §4; 1989 c.870 §§11,11a; 1989 c.928 §15; 1991 c.67 §186; 1991 c.181 §7; 1993 c.446 §1; 1995 c.216 §2; 1999 c.344 §4; 1999 c.402 §28c; 1999 c.689 §10; 2001 c.160 §3; 2001 c.196 §9; 2001 c.850 §6; 2005 c.432 §14; 2007 c.114 §10; 2007 c.648 §28b; 2007 c.793 §10; 2007 c.836 §63; renumbered 701.098 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.137

[Subsection (2) enacted as 1989 c.744 §2; subsection (1) enacted as 1989 c.928 §9; 1991 c.181 §8; 1995 c.771 §3; renumbered 701.102 in 1997]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.138

[1991 c.598 §§1,2,5; 1999 c.402 §29; 1999 c.551 §15; 2007 c.114 §11; 2007 c.836 §27; renumbered 701.348 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.139 - Complaint validity; applicable resolution processes.

The Construction Contractors Board may determine the validity of a complaint described in ORS 701.140 filed against a licensed contractor. A person must file the complaint within the applicable time limitation described in ORS 701.143. The complaint must be filed and resolved as follows:
(1) A complaint against a residential contractor that is not also endorsed as a commercial contractor involving work on a residential or small commercial structure must be resolved as provided in ORS 701.145.
(2) A complaint against a commercial contractor that is not also endorsed as a residential contractor involving work on a small commercial or large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS 701.146.
(3) A complaint against a contractor that is endorsed as both a residential contractor and a commercial contractor:
(a) Involving work on a residential structure must be resolved as provided under ORS 701.145.
(b) Involving work on a small commercial structure may be resolved as provided in ORS 701.145 or 701.146, at the complainant’s election.
(c) Involving work on a large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS 701.146. [2001 c.197 §3; 2001 c.414 §5a; 2007 c.793 §11; 2007 c.836 §64; 2009 c.225 §2; 2011 c.170 §2; 2011 c.630 §§44,64; 2016 c.99 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.140 - Types of allowable complaints; restriction on processing complaint for recoupment of lien.

A complaint under ORS 701.139 must arise from the performance, or a contract for the performance, of work that requires a contractor license issued by the Construction Contractors Board. The complaint must be of one or more of the following types:
(1) A complaint against a contractor by the owner of a structure or other real property for the following:
(a) Negligent work.
(b) Improper work.
(c) Breach of contract.
(2) A complaint against a contractor by the owner of a structure or other real property to discharge, or to recoup funds expended in discharging, a lien established under ORS 87.010 to 87.060 and 87.075 to 87.093 under circumstances described under this subsection. The board shall process complaints described in this subsection under ORS 701.145 only if:
(a) The owner paid the contractor for that contractor’s work subject to this chapter;
(b) A lien is filed against the property of the owner under ORS 87.010 to 87.060 and 87.075 to 87.093 because the contractor failed to pay the person claiming the lien for that person’s contribution toward completion of the improvement; and
(c) The complaint is described in ORS 701.139 (1) or (3)(a) or (b).
(3) A complaint against a licensed subcontractor by a licensed contractor for the following:
(a) Negligent work;
(b) Improper work; or
(c) Breach of contract.
(4) A complaint by a person furnishing labor to a contractor or owed employee benefits by a contractor.
(5) A complaint, as limited by rule of the board, by a person furnishing material or renting or supplying equipment to a contractor. The minimum limit set by the board may not exceed $150.
(6) A complaint by a subcontractor against a contractor for unpaid labor or materials arising out of a contract. [1981 c.618 §4; 1983 c.616 §13; 1989 c.167 §1; 1989 c.928 §16; 1991 c.181 §9; 1991 c.717 §1; 1997 c.301 §3; 1999 c.402 §30; 2001 c.197 §13; 2007 c.793 §12; 2007 c.836 §65; 2011 c.630 §§45,65; 2016 c.99 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.143 - Requirement for timely filing of complaints; timelines.

The Construction Contractors Board may not process a complaint against a licensed contractor, including a complaint based upon a court judgment or an arbitration award, unless the complaint is filed with the board in a timely manner as follows:
(1) Except as otherwise provided in this section, if the owner of a new structure files the complaint, the board must receive the complaint no later than the earlier of:
(a) One year after the date the structure was first occupied; or
(b) Two years after substantial completion of the structure by the contractor filed against.
(2) Except as otherwise provided in this section, if the owner of an existing structure files the complaint, the board must receive the complaint no later than one year after the date the work was substantially completed by the contractor filed against.
(3) Regardless of whether the complaint involves a new or an existing structure, if the owner of the structure files the complaint and the licensed contractor failed to begin the work, the board must receive the complaint no later than one year after the date the parties entered into the contract.
(4) Regardless of whether the complaint involves a new or an existing structure, if the owner of the structure files the complaint and the licensed contractor failed to substantially complete the work, the board must receive the complaint no later than one year after the date the contractor ceased to work on the structure.
(5) Except as otherwise provided in this section, if a licensed contractor files the complaint against the licensed contractor performing work as a subcontractor on a new structure, the board must receive the complaint no later than the earlier of:
(a) Fourteen months after the date the structure was first occupied; or
(b) Two years after substantial completion of the structure.
(6) Except as otherwise provided in this section, if a licensed contractor files the complaint against the licensed contractor performing work as a subcontractor on an existing structure, the board must receive the complaint no later than 14 months after the date the work on the structure was substantially completed.
(7) If a licensed contractor files the complaint against the licensed contractor performing work as a subcontractor on a structure and the subcontractor failed to substantially complete the work, the board must receive the complaint no later than 14 months after the date the subcontractor ceased to work on the structure.
(8) If the licensed contractor’s employee, subcontractor or material or equipment supplier files the complaint, the board must receive the complaint no later than one year after the date the contractor incurred the indebtedness.
(9) The filing of a complaint with the Commissioner of the Bureau of Labor and Industries for unpaid wages constitutes the filing of a complaint for purposes of establishing timeliness of the filing of a complaint under this section. [2001 c.197 §2 and 2001 c.414 §2; 2007 c.793 §13; 2019 c.444 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.147

[2001 c.414 §5; 2001 c.414 §§5b,7b; 2003 c.75 §61; 2003 c.294 §§2,3; 2005 c.207 §3; 2007 c.793 §16; renumbered 701.133 in 2007]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.149 - Status reports; alternative dispute resolution.

(1) If the Construction Contractors Board suspends the processing of a complaint because of the complaint having been submitted to a court or arbitrator or because of a court having stayed action on the complaint, the board may require that the complainant provide status reports on the pending court action or arbitration. The board may dismiss or close a complaint filed under ORS 701.139 if the complainant fails to submit status reports on a pending court action or arbitration.
(2) ORS 183.605 to 183.690 do not limit in any way the ability of the board to make full use of alternative dispute resolution, including mediation or referral for arbitration, to resolve complaints against contractors filed under ORS 701.139. [2005 c.207 §2; 2007 c.793 §18; 2011 c.630 §§48,68; 2016 c.99 §10]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.150 - Determination of amount to be paid from bond.

(1) If a licensed contractor fails to pay a complainant amounts due under a court judgment or under a final order of the Bureau of Labor and Industries, the Construction Contractors Board shall issue a determination stating the amount that a surety must pay the complainant. The surety shall pay the amount required under the determination as follows:
(a) If the complaint was filed under ORS 701.145, the surety shall pay the amount from a bond required for a residential contractor.
(b) If the complaint was filed under ORS 701.146, the surety shall pay the amount from a bond required for a commercial contractor.
(2) The surety may not pay on a complaint until the surety receives notice from the board that the complaint is ready for payment.
(3) Notwithstanding ORS 701.153 and 701.157, a bond is not subject to payment for a complaint that is filed more than 14 months after the earlier of:
(a) The expiration or cancellation date of the license that was in force when the work that is the subject of the complaint was completed or abandoned; or
(b) The date that the surety canceled the bond. [1971 c.740 §17; 1973 c.832 §60; 1981 c.618 §7; 1983 c.616 §15; 1987 c.414 §40c; 1989 c.928 §18; 1991 c.181 §11; 1997 c.387 §7; 1999 c.59 §208; 1999 c.402 §32; 2001 c.197 §16; 2001 c.427 §1a; 2007 c.793 §19; 2007 c.836 §69; 2011 c.630 §§49,69; 2016 c.99 §11]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.157 - Satisfaction of order against commercial contractor.

(1)(a) Payments from the surety bond of a commercial contractor pursuant to Construction Contractors Board order and notice are satisfied in the following priority in any 90-day period:
(A) Board orders as a result of complaints against a commercial contractor by a person furnishing labor to a contractor or owed employee benefits by a contractor have payment priority to the full extent of the bond over all other types of complaints.
(B) If the complaints described in subparagraph (A) of this paragraph do not exhaust the bond, then amounts due as a result of all other types of small commercial or large commercial structure complaints may be satisfied from the bond, except complaints for costs, interest and attorney fees.
(C) If complaints described in subparagraphs (A) and (B) of this paragraph do not exhaust the bond, then complaints for costs, interest and attorney fees resulting from small commercial or large commercial structure complaints may be satisfied from the bond.
(b) A 90-day period begins on the date the first complaint is filed with the board. Subsequent 90-day periods begin on the date the first complaint is filed with the board after the close of the preceding 90-day period.
(2) If the total complaints filed with the board against a commercial contractor within 90 days after the board receives notice of the first complaint against the contractor exceed the amount of the bond available for those complaints, the bond shall be apportioned as the board determines, subject to the priorities established under this section.
(3) If the total amounts due as a result of complaints filed with the board within 90 days after the first complaint is filed do not exceed the amount of the bond available for those complaints, all amounts due as a result of complaints filed within the 90-day period shall have priority over all complaints subsequently filed until the amount of the bond available for the payment of complaints is exhausted. [2007 c.836 §11; 2007 c.836 §53]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.160 - Nonlawyer may represent certain forms of businesses before board; rules for additional business forms.

Notwithstanding ORS 9.320:
(1) A party may appear or be represented by an individual who is not a member of the Oregon State Bar in a proceeding before the Construction Contractors Board if:
(a) The party is a corporation and the individual is an officer of the corporation;
(b) The party is a partnership, or a limited liability partnership or foreign limited liability partnership as those terms are defined in ORS 67.005, and the individual is a partner in the partnership, limited liability partnership or foreign limited liability partnership;
(c) The party is a limited partnership as defined in ORS 70.005 and the individual is a general partner in the partnership;
(d) The party is a manager-managed limited liability company as defined in ORS 63.001 and the individual is a manager of the company; or
(e) The party is a member-managed limited liability company as defined in ORS 63.001 and the individual is a member of the company.
(2) In addition to parties described in subsection (1) of this section, the board, by rule, may recognize particular business forms as parties that may appear or be represented by an individual who is not a member of the Oregon State Bar in a proceeding before the board. A board rule adopted under this subsection must identify the business form of the party and specify the required relationship between the party and the individual. The board may allow appearance or representation of a party only by an individual who is a director, officer, partner, trustee, manager or authorized regular employee of the party. [1985 c.599 §3; 1989 c.928 §19; 1995 c.480 §1; 2001 c.163 §1; 2003 c.75 §109]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.180 - Alternative mediation or arbitration process; waiver and compliance.

Notwithstanding the provisions of ORS 36.600 to 36.740, any other provision of law or any contractual provision, failure of a contractor to initiate mediation or arbitration proceedings within 30 days after notification by the Construction Contractors Board of a complaint under ORS 701.145 is a waiver by the contractor of any contractual right to a mediation or arbitration process in lieu of mediation by the board under ORS 701.145. If the parties do not resolve or settle the dispute pursuant to board mediation under ORS 701.145, unless otherwise provided by law regarding a dispute described under ORS 652.140 or 653.010 to 653.261, the complainant must comply with any contractual provision for mediation or arbitration of the dispute as a condition for obtaining the judgment required under ORS 701.145 (5). [Subsection (1) enacted as 1989 c.430 §5; subsection (2) enacted as 1989 c.928 §21; 1991 c.67 §187; 1991 c.181 §12; 2001 c.197 §17; 2001 c.414 §11; 2003 c.598 §52; 2007 c.793 §21; 2011 c.630 §§51,71; 2016 c.99 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.205 - Construction Contractors Board; members; terms; confirmation; vacancies; qualifications.

(1) The Construction Contractors Board is established, consisting of nine members appointed by the Governor subject to confirmation by the Senate in the manner provided by law. Three of the members shall be residential contractors who primarily work on residential or small commercial structures, including one contractor engaged in the business of remodeling, two shall be public members and one shall be an elected representative of a governing body of local government. Two of the members shall be commercial general contractors who primarily work on large commercial structures, and one shall be a commercial specialty contractor who primarily works on large commercial structures or a residential limited contractor. One member who is a contractor may be certified as a home inspector.
(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment immediately effective for the unexpired term.
(3) In order to be eligible for board membership, the six contractor members of the board shall be licensed under this chapter and shall maintain their licenses in good order during their term of office. [Subsections (1) and (2) enacted as 1971 c.740 §3; subsection (3) enacted as 1971 c.740 §5; 1975 c.721 §8; 1977 c.537 §1; 1981 c.618 §13; 1987 c.414 §40; 1989 c.928 §22; 1991 c.181 §14; 1993 c.470 §4; 1997 c.814 §4; 1999 c.402 §33; 2001 c.197 §18; 2007 c.836 §34]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.215 - Officers; quorum; compensation and expenses; advisory committees.

(1) The Construction Contractors Board shall select from among its members a chairperson, a vice chairperson and such other officers for such terms and with such duties and powers necessary for the performance of their duties as the board determines.
(2) A majority of the members of the board constitutes a quorum for the transaction of business.
(3) A member of the board is entitled to compensation and expenses as provided in ORS 292.495.
(4) The board may create advisory committees as the board considers necessary. The chairperson of the board, or a board member designated by the chairperson, shall be a member of any advisory committee created by the board. [1971 c.740 §6; 1989 c.928 §23; 2001 c.160 §6]