Oregon Administrative Rules › Chapter 808 - LANDSCAPE CONTRACTORS BOARD › Division 2 - DEFINITIONS AND STANDARDS › Section 808-002-0020 - Minimum Standards for Written Contracts and Billings

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Contracts. Pursuant to ORS
			 671.625(2) a
			 contract for landscaping work for which the business charges $2,000 or more for
			 a landscape job must be in writing. For the purpose of this rule, "landscape
			 job," has the same meaning it does under OAR
			 808-002-0495.
(2) Written landscaping contracts and
			 subcontracts with non-contractor homeowner/lessee or other consumer type, or an
			 agent of the homeowner/lessee or other consumer type shall include, but not be
			 limited to, the following:
(a) Landscape
			 contracting business name, license number, business address, mailing address if
			 different from the physical business address, and telephone number;
(b) Homeowner/lessee consumer or other
			 consumer type's name and address;
(c) Address or location of work to be
			 performed if different from the homeowner/lessee or other consumer type's
			 address;
(d) General description of
			 the work to be performed and materials to be installed;
(e) Estimated time for completion or
			 estimated completion date;
(f)
			 Price and payment schedule;
(g)
			 Description of guarantee; if no guarantee is being provided, a statement that
			 no guarantee is being provided;
(h)
			 Signatures of the authorized business representative and homeowner/lessee or
			 other consumer type;
(i) Statement
			 that the business is licensed by the Oregon State Landscape Contractors Board
			 (Board) and the current address and phone number of the Board;
(j) If subcontractors will be used for the
			 performance of any of the landscaping work, the contract must include a
			 statement notifying the homeowner/lessee or other consumer type subcontractors
			 may be used to perform portions of the landscaping work;
(k) If the contract contains an arbitration
			 clause or binding arbitration clause, the contract must include language
			 explaining that if the homeowner/lessee or other consumer type signs the
			 contract, the homeowner/lessee or other consumer type may be waiving their
			 right to access the Board's claims process and may not have access to the
			 landscape contracting business' bond;
(l) Pursuant to HB 2292 (2023), Chapter 304
			 and effective January 2, 2024, a
Notice of Right to Cancel
			 Contract
must be included as an attachment to the contract when first
			 presented to a homeowner/lessee consumer. Both the contract and the
Notice of Right to Cancel Contract
must bear the signatures of
			 the homeowner/lessee consumer and an authorized business representative before
			 the three-business day right to cancel time period commences. The
Notice of Right to Cancel Contract
must be on the form
			 provided by the Board. The
Notice of Right to Cancel Contract
will explain that a homeowner/lessee consumer who signs a written contract with
			 a landscape contracting business may, within three business days after the date
			 of signing, cancel the contract in writing unless:
(A) The homeowner/lessee consumer agrees in
			 writing that the landscape work may begin before the three-business day right
			 to cancel period expires; or
(B)
			 The homeowner/lessee consumer agrees to an amendment of the terms or conditions
			 of the contract after the three-business day cancellation period has already
			 expired;
(m) As used in
			 subsection (L) of this rule three business days means three consecutive
			 business days, excluding Saturdays, Sundays, and holidays. For example, if the
			 day the contract and the
Notice of Right to Cancel Contract
are signed by the homeowner/lessee consumer is a Friday, then three business
			 days after the execution of the contract and
Notice of Right to Cancel
			 Contract
would run through midnight on the following Wednesday.
			 However, if the homeowner/lessee consumer who signed on a Friday waives the
			 three-business day right to cancel, then the landscape contracting business may
			 order materials and start work any day between, and including, the Friday
			 signing day and the following Wednesday; and
(n) Effective January 2, 2024, the landscape
			 contracting business must, in addition to the provision of a physical address
			 for receipt of written correspondence, identify a form of electronic
			 communication such as facsimile, email, or text messaging for use by the
			 homeowner/lessee consumer unless, the landscape contracting business does not
			 use electronic communication, such as facsimile, email or text messaging, for
			 the conduct of its landscape contracting business. The homeowner/lessee
			 consumer may send a written cancellation of the contract to the landscape
			 contracting business, as required in subsection (L) of this rule and HB 2292
			 (2023), Chapter 304, using first class mail, certified mail, hand delivery, or
			 the written form of electronic communication identified by the landscape
			 contracting business in the contract.