Construction Contractors and Contracts

ORS 701.560
Definitions for ORS 701.560 to 701.595 and 701.605


As used in ORS 701.560 (Definitions for ORS 701.560 to 701.595 and 701.605) to 701.595 (Failure to follow notice of defect procedure) and 701.605 (Recording of written warranty agreement):

(1)

“Contractor” means a person that performed services for the construction, alteration or repair of a residence.

(2)

“Defect” means a deficiency, an inadequacy or an insufficiency arising out of or relating to the construction, alteration or repair of a residence. “Defect” includes a deficiency, an inadequacy or an insufficiency in a system, component or material incorporated into a residence.

(3)

“Owner” means a person that possesses an interest in a residence or in land that is a residential site or has entered into a contract for the purchase of an interest in the residence or land. “Owner” includes:

(a)

A homeowners association as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783);

(b)

A managing entity as defined in ORS 94.803 (Definitions for ORS 94.803 and 94.807 to 94.945);

(c)

An owners’ association as described in ORS 94.858 (Owners’ association);

(d)

An association of unit owners as defined in ORS 100.005 (Definitions); and

(e)

Any other entity that possesses an interest in a residence or represents owners of a residence.

(4)

“Remediation” means the repair or replacement of some or all of the defects described in an owner’s notice of defect sent under ORS 701.565 (Notice of defect requirement).

(5)

“Residence” means:

(a)

A residential structure as defined in ORS 701.005 (Definitions);

(b)

Common property as defined in ORS 94.550 (Definitions for ORS 94.550 to 94.783); and

(c)

A common element as defined in ORS 100.005 (Definitions).

(6)

“Secondary notice” means a copy of an owner’s notice of defect that a contractor, subcontractor or supplier sends to another contractor, subcontractor or supplier that may be responsible for a defect.

(7)

“Subcontractor” means any person that performed services for the construction, alteration or repair of a residence at the request or direction of a contractor.

(8)

“Supplier” means any person that furnished or manufactured the systems, components or materials incorporated into a residence as part of the construction, alteration or repair of the residence. [2003 c.660 §1]
Note: 701.560 (Definitions for ORS 701.560 to 701.595 and 701.605) to 701.605 (Recording of written warranty agreement) 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.
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