2011 ORS § 279C.610¹
Action on contractors public works bond or payment bond
  • time limitation

(1) The Commissioner of the Bureau of Labor and Industries or a person who has a right of action on the public works bond or the payment bond under ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) and, where required, who has filed and served the notice or notices of claim, as required under ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) and 279C.605 (Notice of claim), or that persons assignee, may institute an action on the contractors public works bond or payment bond in a circuit court of this state or the federal district court of the district.

(2) The action shall be on the relation of the commissioner, the claimant, or that persons assignee, as the case may be, and shall be in the name of the contracting agency that let the contract or, when applicable, the public agency or agencies for whose benefit the contract was let. It may be prosecuted to final judgment and execution for the use and benefit of the commissioner or the claimant, or that persons assignee, as the fact may appear.

(3) The action shall be instituted no later than two years after the person last provided labor or materials or two years after the worker listed in the commissioners notice of claim last provided labor. [2003 c.794 §156; 2005 c.360 §5]