Construction Contractors and Contracts

ORS 701.035
Applicant required to be independent contractor to be eligible for license

  • classes of licenses


(1)

An applicant must qualify as an independent contractor under ORS 670.600 (Independent contractor defined) to be eligible for a license with the Construction Contractors Board.

(2)

The board shall establish two classes of independent contractor:

(a)

The nonexempt class is composed of the following entities:

(A)

Sole proprietorships, partnerships, corporations and limited liability companies:

(i)

With one or more employees; or

(ii)

That utilize one or more workers supplied by a worker leasing company.

(B)

Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members, if any of the partners, corporate officers or members are not part of the same family and related as parents, spouses, sisters, brothers, daughters or sons, daughters-in-law or sons-in-law or grandchildren.

(b)

The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

(3)

If a person who is licensed as exempt under subsection (2)(b) of this section hires one or more employees, utilizes one or more workers supplied by a worker leasing company or falls into any of the categories set out in subsection (2)(a)(B) of this section, the person is subject to penalties under ORS 701.992 (Civil penalties and other sanctions) for improper licensing. If a person who is licensed as exempt under subsection (2)(b) of this section hires one or more employees, or utilizes one or more workers supplied by a worker leasing company, the person is also subject to licensing sanctions under ORS 701.098 (Grounds for discipline). The person must reapply to the board in the correct class.

(4)

The decision of the board that a person is an independent contractor applies only when the person is performing work of the nature described in ORS 701.021 (License requirement).

(5)

A person that is within the exempt class described in subsection (2)(b) of this section and is licensed as a commercial contractor shall procure and maintain workers’ compensation insurance as authorized by ORS 656.128 (Sole proprietors, limited liability company members, partners, independent contractors may elect coverage by insurer). [1989 c.870 §4; 1995 c.216 §1; 1999 c.402 §13; 2007 c.836 §15; 2009 c.408 §§2,3; 2013 c.300 §10]

Notes of Decisions

To be employee, person must both engage to furnish services for remuneration and be under direction and control of employer. Independent Contractors v. Construction Contractors Bd., 135 Or App 556, 899 P2d 1216 (1995)

Work is of nature described in [former] ORS 701.055 and ORS 701.060 if work requires license from Construction Contractors Board. Randall v. Ocean View Construction Co., 196 Or App 153, 100 P3d 1088 (2004)

Chapter 701

Notes of Decisions

This is a remedial statute made for the protection of the building business and of people dealing with builders who might be irresponsible; it should be read as a whole and liberally construed to accomplish its purpose. Robinson v. Builders Bd., 20 Or App 340, 531 P2d 752 (1975)

Atty. Gen. Opinions

Lack of authority for director to appoint executive secretary for board, (1971) Vol 35, p 930; inapplicability of this chapter to business of construction or installation of fences, sidewalks, septic tanks, wells and underground sprinkling systems, (1972) Vol 35, p 1278; mobile home as personal or real property under this chapter, (1972) Vol 36, p 41; application of Homebuilders Law to mobile homes, (1978) Vol 38, p 693


Source

Last accessed
Jun. 26, 2021