2007 ORS 701.139¹
Board authority over disputes
  • resolution processes

The Construction Contractors Board may determine the validity of a complaint described in ORS 701.140 (Types of allowable complaints) filed against a licensed contractor. A person must file the complaint within the applicable time limitation described in ORS 701.143 (Requirement for timely filing of complaints). The complaint must be filed and resolved as follows:

(1) A complaint against a residential contractor that is not also endorsed as a commercial contractor must be resolved as provided in ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures).

(2) A complaint against a commercial contractor that is not also endorsed as a residential contractor must be resolved as provided in ORS 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures).

(3) A complaint against a contractor that is endorsed as both a residential contractor and a commercial contractor:

(a) That involves work on a residential structure or an appurtenance to a residential structure must be resolved as provided under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures).

(b) That involves work on a small commercial structure or an appurtenance to a small commercial structure may be resolved as provided in ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) or 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures), at the complainant’s election.

(c) That involves work on a large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures).

(4) Notwithstanding subsections (1) to (3) of this section and except as provided in ORS 701.148 (Use of binding arbitration and contested case hearings), with prior agreement of the complainant and the licensed contractor, a complaint may be resolved by the board through binding arbitration under ORS 701.148 (Use of binding arbitration and contested case hearings). [2001 c.197 §3; 2001 c.414 §5a; 2007 c.793 §11; 2007 c.836 §64]

Note: The amendments to 701.139 (Board authority over disputes) by section 64, chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to complaints filed against persons whose contractor licenses are issued or renewed on or after July 1, 2008. See section 70, chapter 836, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 11, chapter 793, Oregon Laws 2007, is set forth for the user’s convenience.

701.139 (Board authority over disputes). Except as provided in ORS 701.148 (Use of binding arbitration and contested case hearings) (2), the Construction Contractors Board may resolve a dispute against a licensed contractor only if a complaint is made against the contractor’s surety bond required by ORS 701.068 (Bonding requirements). In order to have access to the bond, a person must file a complaint of a type described in ORS 701.140 (Types of allowable complaints) within the applicable time limitation described in ORS 701.143 (Requirement for timely filing of complaints). The complaint must be filed and resolved as follows:

(1) A complaint that involves work on a residential structure or an appurtenance to a residential structure must be resolved as provided under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures).

(2) A complaint that involves work on a small commercial structure or an appurtenance to a small commercial structure may be resolved as provided in ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) or 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures).

(3) Except as provided in subsections (4) and (5) of this section, a complaint that involves work on a large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures).

(4) A complaint by an owner that involves work on a large commercial structure or an appurtenance to a large commercial structure when the total contract involved in the complaint is $25,000 or less may be resolved as provided in ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) or 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures).

(5) Notwithstanding subsections (1) to (4) of this section, with prior agreement of the complainant and the licensed contractor, a complaint may be resolved by the board through binding arbitration under ORS 701.148 (Use of binding arbitration and contested case hearings).

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

1 Legislative Counsel Committee, CHAPTER 701—Construction Contractors and Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­701.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 701, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­701ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.