OAR 812-004-1440
Contracts With Arbitration Agreements

(1)

If a complaint is based on a contract that contains an agreement by the parties to mediate disputes arising out of the contract, the specific terms of the mediation agreement supersede agency rules except as set forth in ORS 701.180 (Alternative mediation or arbitration process).

(2)

If the contract requires mediation, the agency will be the mediator unless the contract requires mediation by a specific mediator other than the agency.

(3)

If the contract requires mediation by a specific mediator other than the agency, the agency must inform the respondent by written notice that, if the respondent wants to mediate under the terms of the contract, the respondent must initiate the contractual mediation process within the time allowed under ORS 701.180 (Alternative mediation or arbitration process) and submit evidence to the agency within 40 days from the date of the agency’s written notice that respondent initiated mediation under the terms of the contract.

(4)

If mediation under the contract is timely commenced under ORS 701.180 (Alternative mediation or arbitration process), the agency must suspend processing the complaint until the mediation is complete.

(5)

Notwithstanding receipt of a notice of intent to file a complaint under ORS 701.133 (Notice of intent to file complaint) or any prior communication from the agency referencing a complaint, for purposes of ORS 701.180 (Alternative mediation or arbitration process), a respondent receives notice of a complaint when the agency sends the respondent the notice described under section (3) of this rule.

Source: Rule 812-004-1440 — Contracts With Arbitration Agreements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=812-004-1440.

812‑004‑1001
Application of Rules 812‑004‑1110
Complaint Processing Fee 812‑004‑1120
Liability of Licensee 812‑004‑1140
Liability of Contractor for Complaint Related to Contractor’s Property 812‑004‑1160
Establishment of Co-Complainant 812‑004‑1180
Complainant’s Responsibility to Pursue Complaint 812‑004‑1195
Exhibits 812‑004‑1210
Address of Complainant and Respondent 812‑004‑1240
Exhaustion of Surety Bond, Letter of Credit or Cash Deposit 812‑004‑1250
Payments From the Bond for Court Costs, Complaint Processing Fee, Interest and Other Costs 812‑004‑1260
Closing a Complaint 812‑004‑1300
Filing Date of Complaint 812‑004‑1320
Jurisdictional Requirements 812‑004‑1340
Form of Complaints, Pre-Complaint Notice 812‑004‑1350
Procedure if Information on Complaint Form is Incomplete 812‑004‑1360
Addition of Complaint Items at On-Site Meeting 812‑004‑1400
Initial Administrative Processing of Complaints 812‑004‑1420
Processing Owner and Primary Contractor Complaints Together 812‑004‑1440
Contracts With Arbitration Agreements 812‑004‑1450
On-site Meeting and Telephone Mediation 812‑004‑1460
Agency Recommendation of Resolution 812‑004‑1480
Resolution by Settlement and Construction of Settlement Agreement 812‑004‑1490
Subsequent On-Site Meetings 812‑004‑1500
Closure of Complaint After Settlement 812‑004‑1505
Complaint Not Settled 812‑004‑1510
Court Judgments, Arbitration Awards and Bureau of Labor and Industries Final Orders 812‑004‑1520
Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders 812‑004‑1530
Construction Lien Complaints 812‑004‑1537
Standards of Care and Workmanship 812‑004‑1600
Payment From Surety Bond, Letter of Credit or Cash Deposit
Last Updated

Jun. 8, 2021

Rule 812-004-1440’s source at or​.us