2017 ORS 279C.605¹
Notice of claim

(1) The notice of claim required by ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials or 180 days after the worker listed in the notice of claim by the Commissioner of the Bureau of Labor and Industries last provided labor. The notice may be sent or delivered to the contractor or subcontractor at any place the contractor or subcontractor maintains an office or conducts business or at the residence of the contractor or subcontractor.

(2) Notwithstanding subsection (1) of this section, if the claim is for a required contribution to a fund of an employee benefit plan, the notice required by ORS 279C.600 (Right of action on payment bond or public works bond of contractor or subcontractor) must be sent or delivered within 200 days after the employee last provided labor or materials.

(3) The notice must be in writing substantially as follows:

______________________________________________________________________________

To (here insert the name of the contractor or subcontractor and the name of the public body):

Notice hereby is given that the undersigned (here insert the name of the claimant) has a claim for (here insert a brief description of the labor or materials performed or furnished and the person by whom performed or furnished; if the claim is for other than labor or materials, insert a brief description of the claim) in the sum of (here insert the amount) dollars against the (here insert public works bond or payment bond, as applicable) taken from (here insert the name of the principal and, if known, the surety or sureties upon the public works bond or payment bond) for the work of (here insert a brief description of the work concerning which the public works bond or payment bond was taken). Such material or labor was supplied to (here insert the name of the contractor or subcontractor).

_____________________

(here to be signed)

______________________________________________________________________________

(4) When notice of claim is given by the commissioner and if the claim includes a worker who is then unidentified, the commissioner shall include in the notice a statement that the claim includes an unidentified worker for whom the commissioner has received information indicating that the worker has not been paid in full at the prevailing rate of wage required by ORS 279C.840 (Payment of prevailing rate of wage) or overtime wages required by ORS 279C.540 (Maximum hours of labor on public contracts).

(5) The person making the claim or giving the notice shall sign the notice. [2003 c.794 §155; 2005 c.360 §4; 2009 c.160 §1]

Notes of Decisions

Under Former Similar Statute (Ors 279.528)

Sending notice by first class mail was adequate where notice was actually received. State ex rel Town Concrete Pipe, Inc. v. Andersen, 264 Or 565, 505 P2d 1162 (1973)

If replace­ment or corrective parts are last ma­te­ri­als furnished in connec­tion with supplier’s contractual performance, it is their delivery that triggers running of notice period. City of The Dalles v. D’Lectric Co., Inc., 105 Or App 46, 803 P2d 771 (1990), Sup Ct review denied

In General

Where claimant that provided rock-hauling services pursuant to agree­ments with multiple parties in connec­tion with construc­tion project under public contract gave notice within 180 days of last date claimant provided labor or furnished ma­te­ri­als on project, but later than 180 days from last date claimant provided labor or ma­te­ri­als pursuant to contract with particular contractor alleged not to have paid, claimant timely provided notice of its claim. State v. Smith & Smith Excava­tion, 280 Or App 766, 386 P3d 112 (2016)

1 Legislative Counsel Committee, CHAPTER 279C—Public Improvements and Related Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors279C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 279C, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano279C.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.