OAR 812-002-0325
Good Cause

“Good cause” as used in ORS 279C.585 (Authority to substitute undisclosed first-tier subcontractor) 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 (Least-cost policy for public improvements), 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 (Conditions concerning payment, contributions, liens, withholding, drug testing)(2).

(i)

The subcontractor’s ability to successfully perform the project and protect the guarantees placed by the prime contractor was substantially jeopardized.

Source: Rule 812-002-0325 — Good Cause, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=812-002-0325.

812‑002‑0001
Applicant 812‑002‑0002
Application of Definitions 812‑002‑0011
Administrative Law Judge 812‑002‑0020
Agency 812‑002‑0035
Appeal Committee 812‑002‑0040
Appurtenance 812‑002‑0060
Bid 812‑002‑0080
Board 812‑002‑0120
Casual, Minor or Inconsequential 812‑002‑0140
Complaint 812‑002‑0143
Complainant 812‑002‑0160
Construction Management 812‑002‑0170
Contractor 812‑002‑0180
Contractor Became Aware of the Requirement 812‑002‑0190
Court, Arbitrator or Other Entity 812‑002‑0200
Date the Contractor Becomes Aware of a Lapse in License 812‑002‑0220
Date Contractor Incurred Indebtedness 812‑002‑0230
Days 812‑002‑0250
Direct Contractual Relationship 812‑002‑0260
Dishonest or Fraudulent Conduct 812‑002‑0262
Engaged in the Commercial Harvest of Forest Products 812‑002‑0265
Exercises Management or Supervisory Authority Over the Construction Activities of the Business 812‑002‑0275
Family Members 812‑002‑0280
For Compensation or With the Intent to Sell 812‑002‑0300
Gardener 812‑002‑0320
General Contractor 812‑002‑0325
Good Cause 812‑002‑0345
Hours of Training 812‑002‑0350
Individual 812‑002‑0360
Inspect 812‑002‑0380
Insurance 812‑002‑0390
Key Employee 812‑002‑0400
Labor 812‑002‑0420
Lapse in License 812‑002‑0430
Large Commercial Structure 812‑002‑0440
Last-Known Address of Record 812‑002‑0443
Legal Capacity to Enter into Contracts 812‑002‑0450
Licensee 812‑002‑0460
Monetary Damages 812‑002‑0480
Nature or Complexity 812‑002‑0500
Nurseryman 812‑002‑0520
Occupancy 812‑002‑0530
Office of Administrative Hearings 812‑002‑0533
Officer 812‑002‑0537
Owner 812‑002‑0540
Owner of a Structure 812‑002‑0580
Person 812‑002‑0600
Primary Contractor 812‑002‑0620
Registrant 812‑002‑0630
Reinstate 812‑002‑0635
Reissue 812‑002‑0640
Renewal 812‑002‑0660
Residential Structure 812‑002‑0670
Respondent 812‑002‑0673
Signed by Respondent 812‑002‑0675
Small Commercial Structure 812‑002‑0677
Specialty Contractor 812‑002‑0680
Speculative 812‑002‑0700
Structure 812‑002‑0720
Subcontractor 812‑002‑0740
Substantial Completion 812‑002‑0760
Work as a Contractor Includes 812‑002‑0780
Work as a Contractor Does Not Include 812‑002‑0800
Work Period
Last Updated

Jun. 8, 2021

Rule 812-002-0325’s source at or​.us