Construction Contractors and Contracts

ORS 701.150
Determination of amount to be paid from bond

(1)

If a licensed contractor fails to pay a complainant amounts due under a court judgment or under a final order of the Bureau of Labor and Industries, the Construction Contractors Board shall issue a determination stating the amount that a surety must pay the complainant. The surety shall pay the amount required under the determination as follows:

(a)

If the complaint was filed under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures), the surety shall pay the amount from a bond required for a residential contractor.

(b)

If the complaint was filed under ORS 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures), the surety shall pay the amount from a bond required for a commercial contractor.

(2)

The surety may not pay on a complaint until the surety receives notice from the board that the complaint is ready for payment.

(3)

Notwithstanding ORS 701.153 (Recording of order as lien) and 701.157 (Satisfaction of order against commercial contractor), a bond is not subject to payment for a complaint that is filed more than 14 months after the earlier of:

(a)

The expiration or cancellation date of the license that was in force when the work that is the subject of the complaint was completed or abandoned; or

(b)

The date that the surety canceled the bond. [1971 c.740 §17; 1973 c.832 §60; 1981 c.618 §7; 1983 c.616 §15; 1987 c.414 §40c; 1989 c.928 §18; 1991 c.181 §11; 1997 c.387 §7; 1999 c.59 §208; 1999 c.402 §32; 2001 c.197 §16; 2001 c.427 §1a; 2007 c.793 §19; 2007 c.836 §69; 2011 c.630 §§49,69; 2016 c.99 §11]

Law Review Citations

39 WLR 779 (2003)

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

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