Construction Contractors and Contracts

ORS 701.046
License application


(1)

Except as provided in subsection (2) of this section, an applicant for a construction contractor license must submit the application on a form prescribed by the Construction Contractors Board. The application shall include, but not be limited to, the following information:

(a)

The endorsement being sought.

(b)

A list of construction debts involving the applicant, or an owner or officer of the applicant, if the order, award, penalty or judgment that establishes the debt was issued within the preceding five years.

(c)

For each person described in paragraphs (h), (i) and (j) of this subsection, a Social Security number.

(d)

Workers’ compensation insurance account number, if the applicant is required to have workers’ compensation insurance.

(e)

Unemployment insurance account number, if the applicant is required to have unemployment insurance.

(f)

State withholding tax account number, if the applicant is required to withhold state income tax.

(g)

Federal employer identification number, if the applicant is required to have a federal employer identification number.

(h)

The name and address of:

(A)

Each partner, if the applicant is a partnership, limited liability partnership or foreign limited liability partnership.

(B)

The general partner, if the applicant is a limited partnership.

(C)

Each joint venturer, if the applicant is a joint venture.

(D)

The owner, if the applicant is a sole proprietorship.

(E)

The officers, if the applicant is a corporation.

(F)

The manager and each member, if the applicant is a manager-managed limited liability company.

(G)

Each member, if the applicant is a member-managed limited liability company.

(H)

The responsible managing individual designated by the applicant.

(I)

Each trustee, if the applicant is a trust.

(i)

The name and address of the following if the applicant is a partnership, limited liability partnership, foreign limited liability partnership, joint venture, manager-managed limited liability company or member-managed limited liability company:

(A)

Each partner in a partnership, limited liability partnership or foreign limited liability partnership that is a partner, joint venturer or member of the applicant.

(B)

Each general partner in a limited partnership that is a partner, joint venturer or member of the applicant.

(C)

Each joint venturer in a joint venture that is a partner, joint venturer or member of the applicant.

(D)

The manager and each member of a manager-managed limited liability company that is a partner, joint venturer or member of the applicant.

(E)

Each member of a member-managed limited liability company that is a partner, joint venturer or member of the applicant.

(F)

Each officer of a corporation that is a partner, joint venturer or member of the applicant.

(G)

Each individual who has a controlling ownership interest in, or management authority over, the applicant and who meets criteria adopted by the board by rule.

(j)

The name and address of the following if the applicant is a limited partnership:

(A)

Each partner of any partnership, limited liability partnership or foreign limited liability partnership that is the general partner of the applicant.

(B)

Each general partner of any limited partnership that is the general partner of the applicant.

(C)

Each joint venturer in any joint venture that is the general partner of the applicant.

(D)

The manager and each member of any manager-managed limited liability company that is the general partner of the applicant.

(E)

Each member of any member-managed limited liability company that is the general partner of the applicant.

(F)

Each officer of any corporation that is the general partner of the applicant.

(k)

For each person described in paragraphs (h), (i) and (j) of this subsection, information as required by board rule regarding the following if related to construction activities:

(A)

A final judgment against the person by a court in any state entered within five years preceding the application date that requires the person to pay money to another person or to a public body if the judgment remains unsatisfied on the application date.

(B)

A final order against the person by an administrative agency in any state issued within five years preceding the application date that requires the person to pay money to another person or to a public body if the order remains unsatisfied on the application date.

(C)

A court action against the person in any state pending on the application date that alleges the person owes money to another person or to a public body.

(D)

An action by an administrative agency in any state pending on the application date that seeks an order that the person pay money to another person or to a public body.

(E)

A conviction for a crime listed in ORS 701.098 (Grounds for discipline) (1)(i) entered within five years preceding the application date.

(F)

An indictment for a crime listed in ORS 701.098 (Grounds for discipline) (1)(i) filed within five years preceding the application date.

(L)

The basis on which the applicant meets the standards for independent contractor status under ORS 670.600 (Independent contractor defined).

(2)

Subsection (1)(h), (i) and (j) of this section does not apply if the applicant is a company that offers securities registered with the United States Securities and Exchange Commission for sale to the general public.

(3)

The application described in subsection (1) of this section must be accompanied by proof satisfactory to the board that the applicant:

(a)

Is in compliance with ORS 701.091 (Responsible managing individual).

(b)

Has the legal capacity to enter into contracts.

(4)

Subsection (3)(a) of this section does not apply to an applicant for licensing with endorsement solely as a residential or commercial developer.

(5)

An applicant shall conform to the information provided by the applicant on the application and to the terms of the application. [Formerly 701.075; 2009 c.11 §§90,91; 2009 c.226 §3; 2013 c.300 §1]
Note: Sections 1, 2, 8, 9, 12 and 13, chapter 46, Oregon Laws 2018, provide:
Sec. 1. Section 2 of this 2018 Act is added to and made a part of ORS chapter 701. [2018 c.46 §1]
Sec. 2. (1) Notwithstanding ORS 701.122 (Training requirements for individuals and businesses) or 701.238 (Determination of licensing application fee), except as provided in subsection (3) of this section, if an individual has the equivalent of eight or more years of full-time work experience in the construction, alteration, repair, addition to or improvement of residential structures or small commercial structures and otherwise meets the qualifications for a license with a residential general contractor or residential specialty contractor endorsement, the individual may obtain a license as a contractor with a residential general contractor or residential specialty contractor endorsement without:

(a)

Compliance with training requirements under ORS 701.122 (Training requirements for individuals and businesses); or

(b)

Payment of any fee to the Construction Contractors Board for the license or endorsement.

(2)

For purposes of this section, work experience includes experience obtained in an apprenticeship approved under ORS 660.002 (Declaration of policy) to 660.210 (Tort liability of committees, officers, employees and agents). Work experience does not include activities performed on behalf of a licensee operating under an endorsement described in ORS 701.021 (License requirement) (2)(d) to (i).

(3)

Subsection (1) of this section does not:

(a)

Exempt an individual from the testing requirement in ORS 701.122 (Training requirements for individuals and businesses);

(b)

Exempt an individual from any fee payable to an entity other than the board;

(c)

Require issuance of a license to an applicant who is described under ORS 701.098 (Grounds for discipline), 701.106 (Sanction for violation or failure to comply with certain laws) or 701.107 (Sanction for assisting evasion of obligations) or who is an owner, officer or responsible managing individual described under ORS 701.102 (Sanction for past unresolved activity or outstanding matters); or

(d)

Apply to the renewal of a license.

(4)

A license issued under this section does not authorize the licensee to offer construction contractor services other than through a sole proprietorship owned by the licensee.

(5)

In addition to any other authority of the board under this chapter, the board may adopt rules for carrying out this section, including but not limited to, rules for processing applications and verifying work experience. [2018 c.46 §2]
Sec. 8. (1) As used in this section:

(a)

“Low income household” and “moderate income household” have the meanings given those terms in ORS 456.270 (Definitions for ORS 456.270 to 456.295).

(b)

“Qualifying project” means construction, alteration, repair or addition to or improvement of dwelling units that may be purchased or rented, with or without government assistance, by a low income household or a moderate income household.

(c)

“Willamette Valley” means Clackamas, Linn, Marion, Multnomah, Polk, Washington and Yamhill Counties and the portion of Benton and Lane Counties lying east of the summit of the Coast Range.

(2)

A construction contracting business owned and managed by an individual licensed under section 2 of this 2018 Act that does not otherwise have the financial resources necessary to recruit, train or retain skilled workers may apply to the Higher Education Coordinating Commission for financial support. To the extent the commission deems practicable, the commission shall make financial support available from moneys received by the commission under the federal Workforce Innovation and Opportunity Act to assist local workforce investment by the business if, as a condition of receiving the financial support, the individual agrees to:

(a)

Perform work on qualifying projects that equals at least 20 percent of the work of the business, measured as required by the commission by rule;

(b)

Operate the business solely in parts of this state located outside the Willamette Valley;

(c)

Use the financial support for worker recruitment, training or retention; and

(d)

Meet any other requirements regarding worker recruitment, training or retention imposed by the commission. [2018 c.46 §8]
Sec. 9. The Construction Contractors Board shall report to an interim committee of the Eightieth Legislative Assembly related to business regarding licensing under section 2 of this 2018 Act. The report shall include, but need not be limited to, the number of licenses issued under section 2 of this 2018 Act and the number and types, if any, of complaints received by the board regarding licensees under section 2 of this 2018 Act. The board shall make the report to the interim committee in the manner provided by ORS 192.245 (Form of report to legislature) no later than October 1, 2020. [2018 c.46 §9]
Sec. 12. The Higher Education Coordinating Commission shall report to an interim committee of the Eightieth Legislative Assembly related to business regarding the provision of financial support for workforce investment under section 8 of this 2018 Act. The report shall include, but need not be limited to, the number of grants approved for financial support under section 8 of this 2018 Act. The commission shall make the report to the interim committee in the manner provided by ORS 192.245 (Form of report to legislature) no later than October 1, 2020. [2018 c.46 §12]
Sec. 13. (1) Sections 2, 4, 6, 7 and 8 of this 2018 Act are repealed January 2, 2022.

(2)

The repeal of sections 2, 4 and 6 of this 2018 Act by this section does not affect the validity of any construction contractor, plumbing contractor or electrical contractor license issued or renewed prior to January 2, 2022.

(3)

The repeal of section 7 of this 2018 Act by this section does not cancel or alter the terms of any loan made by the Oregon Business Development Department prior to January 2, 2022, or repeal any department rule pertaining to loans made by the department prior to January 2, 2022.

(4)

The repeal of section 8 of this 2018 Act by this section does not cancel or alter the terms of any financial support made available by the Higher Education Coordinating Commission prior to January 2, 2022, or repeal any commission rule pertaining to financial support made available by the commission prior to January 2, 2022. [2018 c.46 §13]
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