2011 ORS § 671.695¹
Types of claims

A claim against a licensed landscape contracting business is payable from the bond, letter of credit or deposit required of the landscape contracting business under ORS 671.690 (Surety bond, letter of credit or other security) only if the claim arises from the performance, or a contract for the performance, of work that is subject to ORS 671.510 (Short title) to 671.760 (Business income tax). The claim must be of one or more of the following types:

(1) A claim against the landscape contracting business by the property owner or the owners agent for any of the following:

(a) Negligent work.

(b) Improper work.

(c) Breach of contract.

(2) A claim against the landscape contracting business by the property owner or the owners agent to discharge, or to recoup funds expended in discharging, a lien established under ORS 87.010 (Construction liens) to 87.060 (Foreclosure) or 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner). The State Landscape Contractors Board may reduce a claim described in this subsection by any amount the claimant owes the landscape contracting business. The board shall process claims described in this subsection only if:

(a) The owner paid the landscape contracting business for work subject to ORS 671.510 (Short title) to 671.760 (Business income tax); and

(b) A lien established against the property of the owner under ORS 87.010 (Construction liens) to 87.060 (Foreclosure) or 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) is filed because the landscape contracting business failed to pay the person claiming the lien for that persons contribution toward completion of the improvement.

(3) A claim against a licensed subcontractor by a licensed landscape contracting business or by a construction contractor licensed under ORS chapter 701, for any of the following:

(a) Negligent work.

(b) Improper work.

(c) Breach of contract.

(4) A claim by a person furnishing labor to a landscape contracting business.

(5) A claim, as limited by rule of the board, by a person furnishing material or renting or supplying equipment to the landscape contracting business. The minimum limit set by the board may not be more than $150.

(6) A claim by a subcontractor against the landscape contracting business for unpaid labor or materials arising out of a contract. [2007 c.149 §2; 2007 c.541 §37b]