ORS 701.068
Bonding requirements
- action against surety
- rules
(1)
An applicant for issuance or renewal of a contractor license shall file with the Construction Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state in the amount set forth in ORS 701.081 (Residential contractors) or 701.084 (Commercial contractors).(2)
If an applicant for issuance, renewal or an additional endorsement of a license will hold endorsements as both a residential contractor and a commercial contractor, the applicant shall file with the board a surety bond for each endorsement in the amount set forth in ORS 701.081 (Residential contractors) or 701.084 (Commercial contractors).(3)
The surety bond for a residential contractor must provide that the applicant, with regard to work subject to this chapter, will pay amounts determined by the board as provided under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures). The surety bond for a commercial contractor must provide that the applicant, with regard to work subject to this chapter, will pay amounts determined by the board as provided under ORS 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures). Bonds filed under this section shall remain in effect for at least one year or until depleted by payments under ORS 701.150 (Determination of amount to be paid from bond), 701.153 (Recording of order as lien) and 701.157 (Satisfaction of order against commercial contractor), unless the surety sooner cancels the bond. At the discretion of the surety the bond may be continued for an additional period by continuation certificate. Except as provided in subsection (4) of this section, the aggregate liability of the surety under the bond for complaints against the contractor may not exceed the penal sum of the bond no matter how many years the bond is in force. Except as provided in subsection (4) of this section, an extension by continuation certificate, reinstatement, reissue or renewal of the bond may not increase the liability of the surety.(4)
The board, by rule, may require a licensee to obtain a new surety bond if, pursuant to a board determination issued under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) or 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures), the surety pays an amount out of the bond of the licensee. The new surety bond must be in the applicable amount set forth in ORS 701.081 (Residential contractors) or 701.084 (Commercial contractors) unless a higher amount is required by a board condition or rule described in subsection (5) or (6) of this section. The board may allow a licensee to obtain, instead of a new bond, a certification that the surety remains liable for the full penal sum of the bond, notwithstanding payment by the surety on the complaint.(5)
If the amount the licensee must pay against the bond under subsection (3) of this section exceeds the amount of the bond, the board shall suspend the contractor’s license until the amount owed is paid. The board, as a condition of ending the suspension, may require a contractor requesting reinstatement of a license to file a bond of an amount up to five times as much as the amount required ordinarily of a licensee under ORS 701.081 (Residential contractors) or 701.084 (Commercial contractors).(6)
The board by rule may establish conditions for applicants or persons licensed under this chapter under which the applicant or licensee must file a bond of an amount up to five times as much as the amount required ordinarily of an applicant or licensee under ORS 701.081 (Residential contractors) or 701.084 (Commercial contractors). The board may reduce the amount of bond it would otherwise require if the contractor demonstrates satisfactory completion of approved elective classes on dispute resolution and prevention, basic accounting and record keeping or such other classes as the board may prescribe.(7)
The bond required under this section is for the exclusive purpose of payment of amounts for which the board has determined the surety to have responsibility.(8)
Upon issuance of a determination under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) or 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures) for a complaint against a contractor who holds a bond required under this section, the board shall notify the surety on the bond of the determination in a manner determined by the board by rule. The notification shall include a list of all board determinations for payment by the surety from the bond.(9)
A court action may not be commenced against a surety on a bond required under this section until 30 days after the date that the surety is notified by the board under ORS 701.150 (Determination of amount to be paid from bond) that payment is due on the determination.(10)
In any action against a surety on a bond under this section that is based on the failure of the surety to pay an amount determined by the board, the court may award:(a)
Costs;(b)
Reasonable attorney fees to the prevailing party as part of the costs; and(c)
Twice the amount that the board determined the surety must pay on the complaint, if the surety arbitrarily and capriciously refused to pay. [Formerly 701.085; 2009 c.225 §1; 2011 c.630 §§39,60; 2016 c.99 §2]
Source:
Section 701.068 — Bonding requirements; action against surety; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors701.html.
(formerly 701.085)
Notes of Decisions
A claim against the bond was valid for the full amount of a judgment, including attorney fees and costs, against the builder for breach of a contract that included installation of appliances and landscaping. Robinson v. Builders Bd., 20 Or App 340, 531 P2d 752 (1975)
Attorney General Opinions
Registration requirements for persons not engaged in construction of items not physically attached to the residential structure, (1975) Vol 37, p 676
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