Right of action on payment bond or public works bond of contractor or subcontractor
- notice of claim
Source:
Section 279C.600 — Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim, https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html.
Notes of Decisions
Under former similar statute (ORS 279.526)
Penalty wages claimed under ORS chapter 652 are not payment for labor that may be recovered from surety bond. North Marion School District #15 v. Acstar Insurance Co., 205 Or App 484, 136 P3d 42 (2006), aff’d 343 Or 305, 169 P3d 1224 (2007)
In general
When read with ORS 279C.380, successful bidder in public improvement contract must secure payment bond in amount equal to full contract price to protect potential claimant under this section and claimant under this section is not required to incorporate its contract or quasi-contract claims into bond claims. State v. Ross Bros. & Co., Inc., 268 Or App 438, 342 P3d 1026 (2015), Sup Ct review denied
Where claimant that provided rock-hauling services pursuant to agreements with multiple parties in connection with specific construction project under public contract gave notice within 180 days of last date claimant provided labor or furnished materials on project, but later than 180 days from last date claimant provided labor or materials pursuant to contract with particular contractor alleged not to have paid, claimant timely provided notice of its claim. State v. Smith & Smith Excavation, 280 Or App 766, 386 P3d 112 (2016)
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