Construction Contractors and Contracts

ORS 701.410
Definitions


(1)

As used in ORS 279C.555 (Withholding of retainage), 279C.570 (Prompt payment policy), 701.410 (Definitions), 701.420 (Partial payment), 701.430 (Performance bond), 701.435 (Deposits in lieu of cash retainage) and 701.440 (Applicability to federal projects):

(a)

“Construction” means:

(A)

Excavating, landscaping, demolishing and detaching existing structures, leveling, filling in and otherwise preparing land for the making and placement of a building, structure or superstructure;

(B)

Creating or making a building, structure or superstructure; and

(C)

Altering, partially constructing and doing repairs in and upon a building, structure or superstructure.

(b)

“Contractor” means a person that contracts with an owner on predetermined terms to be responsible for performing all or part of a job of construction in accordance with established specifications or plans, and that retains control of the means, method and manner of accomplishing the desired result.

(c)

“Owner” means a person that is or claims to be the owner in fee or a lesser estate of the land, building, structure or superstructure on which construction is performed and that enters into an agreement with a contractor for the construction.

(d)

“Subcontractor” means a person that contracts with a contractor or another subcontractor on predetermined terms to be responsible for performing all or part of a job of construction in accordance with established specifications or plans.

(2)

As used in ORS 701.410 (Definitions), 701.420 (Partial payment), 701.430 (Performance bond), 701.435 (Deposits in lieu of cash retainage) and 701.440 (Applicability to federal projects), “retainage” means the difference between the amount a contractor or subcontractor earns under a construction contract and the amount the owner pays on the contract to the contractor, the amount the contractor pays on the contract to the subcontractor or the amount the subcontractor pays on the contract to another subcontractor. [1975 c.772 §1; 1987 c.158 §148; 1999 c.59 §209; 2003 c.794 §319; 2005 c.22 §§480,481; 2010 c.77 §7]
Note: 701.410 (Definitions) to 701.440 (Applicability to federal projects) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Atty. Gen. Opinions

Constitutionality of the Act, (1976) Vol 37, p 1269

§§ 701.410 to 701.440

Atty. Gen. Opinions

Operative date of the Act concerning contracts and subcontracts, (1975) Vol 37, p 812; constitutionality of the provisions, (1976) Vol 38, p 472

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