Architects

ORS 671.575
License required to obtain judicial or administrative remedy

  • exception


(1)

A landscape contracting business may not file a lien, file a claim with the State Landscape Contractors Board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work or for the breach of any contract for work that is subject to ORS 671.510 (Short title) to 671.760 (Business income tax) and 671.997 (Civil penalties for violations of ORS 671.510 to 671.760), unless the landscape contracting business was:

(a)

Licensed under ORS 671.510 (Short title) to 671.760 (Business income tax) at the time the landscape contracting business bid or entered into the contract for performance of the work; and

(b)

Licensed continuously while performing the work for which compensation is sought.

(2)

If the court determines that the landscape contracting business was not aware of the requirement that the business be licensed, a court may choose not to apply subsection (1) of this section if the court finds that to do so would result in a substantial injustice to the unlicensed landscape contracting business.

(3)

If a landscape contracting business falsely swears to information provided under ORS 671.560 (Issuance of license) or 671.565 (Landscape contracting business license application process and information requirements) or knowingly violates the provisions of ORS 656.029 (Obligation of person awarding contract to provide coverage for workers under contract), 670.600 (Independent contractor defined), 671.560 (Issuance of license) or 671.565 (Landscape contracting business license application process and information requirements), the landscape contracting business may not file a lien, file a claim with the State Landscape Contractors Board or bring or maintain in any court of this state a suit or action for compensation for the performance of any work or for the breach of any contract for work that is subject to ORS 671.510 (Short title) to 671.760 (Business income tax) and 671.997 (Civil penalties for violations of ORS 671.510 to 671.760). [1991 c.533 §7; 2007 c.541 §21]
§§ 671.510 to 671.710

Law Review Citations

16 WLR 511 (1979)


Source

Last accessed
Jun. 26, 2021