Construction Contractors and Contracts

ORS 701.153
Recording of order as lien

  • satisfaction of order against residential contractor

(1)

If an order of the Construction Contractors Board determines a complaint against a residential contractor that was filed with the board prior to July 1, 2011, and the order becomes final by operation of law or on appeal and remains unpaid 10 days after the date the order becomes final, the complainant may file the order with the county clerk in any county of this state.

(2)

Upon receipt of an order described in subsection (1) of this section, the clerk shall record the order in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order described in subsection (1) of this section in the County Clerk Lien Record pursuant to the provisions of this section has the effect provided for in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record), and the order may be enforced as provided in ORS 205.125 (County Clerk Lien Record) and 205.126 (Enforcement of order or warrant recorded in County Clerk Lien Record).

(3)

(a) Payments from the surety bond of a residential contractor pursuant to a board determination under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) are satisfied in the following priority in any 90-day period:

(A)

Board determinations as a result of complaints against a residential contractor by the owner of a residential or small commercial structure have payment priority to the full extent of the bond over all other types of complaints.

(B)

If the determinations described in subparagraph (A) of this paragraph do not exhaust the bond, then amounts due under board determinations for all other types of residential or small commercial structure complaints filed with the board within that 90-day period may be paid from the bond, except that the total amount paid from any one bond to nonowner complainants may not exceed $3,000.

(b)

A 90-day period begins on the date the first complaint is filed with the board. Subsequent 90-day periods begin on the date the first complaint is filed with the board after the close of the preceding 90-day period.

(4)

If the total amount payable under determinations issued by the board for complaints against a residential contractor filed with the board within 90 days after the board receives notice of the first complaint against the contractor exceed the amount of the bond available for payment, subject to the priorities under this section, the board shall decide how payment of the determined amounts from the bond is to be apportioned.

(5)

If the total amount payable under determinations issued by the board as a result of complaints that were filed with the board within 90 days after the board receives notice of the first complaint do not exceed the amount of the bond available for payment, those determinations have payment priority over amounts due under determinations resulting from subsequently filed complaints.

(6)

The total amount paid from a residential contractor bond for costs and interest under all determinations issued by the board under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) may not exceed $3,000.

(7)

(a) Notwithstanding subsection (3)(a)(B) of this section, if the board determines that the bond required is a higher amount than the amount required ordinarily of a licensee to file a bond under ORS 701.081 (Residential contractors), the $3,000 limit payable from the bond for a nonowner complaint under subsection (3)(a)(B) of this section shall be increased in an amount that is proportional to the increased amount required to file the bond, as determined by the board under ORS 701.068 (Bonding requirements) (5) or (6).

(b)

If a complaint filed under ORS 701.140 (Types of allowable complaints) (4) or a notice received under ORS 652.333 (Wage claims against licensed construction contractors and businesses) contributes to the board’s determination under ORS 701.068 (Bonding requirements) (5) or (6) that a licensee must file a bond in an amount that is higher than the amount required ordinarily of a licensee, the total amount available for payment of nonowner complaints shall be $3,000 plus up to 50 percent of the amount of the bond as required by the board that exceeds the bond amount ordinarily required under ORS 701.081 (Residential contractors) or 701.084 (Commercial contractors). [2007 c.836 §10; 2007 c.836 §52; 2011 c.630 §§50,70; 2016 c.99 §12; 2019 c.444 §9]
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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