License required to perfect lien or obtain judicial or administrative remedy
- exception
Source:
Section 701.131 — License required to perfect lien or obtain judicial or administrative remedy; exception, https://www.oregonlegislature.gov/bills_laws/ors/ors701.html.
(formerly 701.065)
Notes of Decisions
Since this section uses word “maintain” in reference to action for compensation, it applied to bar action by unregistered builder who entered into building contract, performed work and filed his complaint prior to date this section became effective. Kolodejchuk v. Lucier, 52 Or App 981, 630 P2d 889 (1981)
A trust deed used as a purchase-money mortgage was not a contract subject to registration requirements of this section and action by plaintiffs to foreclose trust deed on home originally constructed by them with intent that it be their residence was not thereby barred. Wills v. Harris, 57 Or App 712, 646 P2d 39 (1982), Sup Ct review denied
Plaintiff, who was not registered with Builder’s Board is not barred from bringing action for breach of franchise agreement because that is not type of contract action legislature intended to bar by language of this section. MacLean & Associates v. American Guaranty Life, 85 Or App 284, 736 P2d 586 (1987), Sup Ct review denied
Failure of plaintiff to meet contractor registration requirement is not jurisdictional defect. Beckwith v. Frazey, 86 Or App 236, 738 P2d 1003 (1987), Sup Ct review denied; Mount Hood Community College v. Federal Insurance Co., 199 Or App 146, 111 P3d 752 (2005)
Registration in incorrect contracting specialty subcategory created by board rule does not disqualify contractor from maintaining suit. Edwards v. Perry, 130 Or App 165, 880 P2d 507 (1994)
For purposes of continuous registration requirement, “the work” refers to services performed by contractor during entire project, not just services performed during nonregistration period. Parthenon Construction and Design, Inc. v. Neuman, 166 Or App 172, 999 P2d 1169 (2000)
Continuous registration requirement does not incorporate principle of substantial compliance. Parthenon Construction and Design, Inc. v. Neuman, 166 Or App 172, 999 P2d 1169 (2000)
Where contractor relies on agency representation that license is unnecessary, denying remedy based on lack of license constitutes “substantial injustice.” Splinters, Inc. v. Andersen/Weitz, 192 Or App 632, 87 P3d 689 (2004), Sup Ct review denied
Section applies to construction-defect proceedings and, consequently, to claims involving services whose inadequacy contributed to defects subject to those proceedings. Pincetich v. Nolan, 252 Or App 42, 285 P3d 759 (2012)
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