Construction Contractors and Contracts

ORS 701.094
Definition for ORS 701.098 and 701.102

  • rules


(1)

As used in ORS 701.098 (Grounds for discipline) and 701.102 (Sanction for past unresolved activity or outstanding matters), “owner” means:

(a)

A sole proprietor of, partner in or holder of a controlling interest in a business; or

(b)

A person defined as an owner by Construction Contractors Board rule.

(2)

The board shall adopt rules defining an owner for purposes of subsection (1) of this section. The rules may not define an owner in a manner that includes an investor who has no right to manage a business, including but not limited to:

(a)

A person who is solely a minority shareholder in a corporation;

(b)

A member of a manager-managed limited liability company; or

(c)

A limited partner in a limited partnership who does not participate in the control of the business of the limited partnership. [Formerly 701.077]
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