ORS 279C.605
Notice of claim

Text
Annotations 4

(1)

The notice of claim required by ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor or subcontractor at any place the contractor or subcontractor maintains an office or conducts business or at the residence of the contractor or subcontractor.

(2)

Notwithstanding subsection (1) of this section, if the claim is for a required contribution to a fund of an employee benefit plan, the notice required by ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) must be sent or delivered within 200 days after the employee last provided labor or materials.

(3)

The notice must be in writing substantially as follows:

To (here insert the name of the contractor or subcontractor and the name of the public body):

Notice hereby is given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of (here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from (here insert the name of the principal and, if known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was taken). Such material or labor was supplied to (here insert the name of the contractor or subcontractor).

_____________________

(4)

When notice of claim is given by the commissioner and if the claim includes a worker who is then unidentified, the commissioner shall include in the notice a statement that the claim includes an unidentified worker for whom the commissioner has received information indicating that the worker has not been paid in full at the prevailing rate of wage required by ORS 279C.840 (Payment of prevailing rate of wage) or overtime wages required by ORS 279C.540 (Maximum hours of labor on public contracts).

(5)

The person making the claim or giving the notice shall sign the notice. [2003 c.794 §155; 2005 c.360 §4; 2009 c.160 §1]

Source: Section 279C.605 — Notice of claim, https://www.oregonlegislature.gov/bills_laws/ors/ors279C.html.

Notes of Decisions

Under former similar statute (ORS 279.528)

Sending notice by first class mail was adequate where notice was actually received. State ex rel Town Concrete Pipe, Inc. v. Andersen, 264 Or 565, 505 P2d 1162 (1973)

If replacement or corrective parts are last materials furnished in connection with supplier’s contractual performance, it is their delivery that triggers running of notice period. City of The Dalles v. D’Lectric Co., Inc., 105 Or App 46, 803 P2d 771 (1990), Sup Ct review denied

In general

Where claimant that provided rock-hauling services pursuant to agreements with multiple parties in connection with 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)

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 279C.605 Notice of claim

(1)

(2)

(3)

(4)

(5)

Notes of Decisions

In general

ORS 279C.605
Notice of claim