ORS 671.690
Surety bond, letter of credit or other security


(1)

An applicant for a license as a landscape contracting business shall file with the State Landscape Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state, or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008 (Additional definitions for Bank Act). The amount of the bond or letter of credit shall be:

(a)

$3,000 for an applicant, unless the applicant is described under paragraphs (b) to (e) of this subsection.

(b)

$10,000 for an applicant who, not in conjunction with the performance of landscaping work, constructs fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls, unless the applicant is made subject to paragraph (d) or (e) of this subsection by work on other landscape jobs, as defined by board rule, performed by the applicant.

(c)

$10,000 for an applicant who charges more than $10,000, but less than $25,000, for a landscape job.

(d)

$15,000 for an applicant who charges $25,000 or more, but less than $50,000, for a landscape job.

(e)

$20,000 for an applicant who charges $50,000 or more for a landscape job.

(2)

The bond or letter of credit shall be conditioned that the applicant pays:

(a)

All taxes and contributions due to the State of Oregon;

(b)

All persons furnishing labor or material, or renting or supplying equipment to the landscape contracting business;

(c)

All amounts that may be adjudged against the landscape contracting business by reason of negligent or improper work or breach of contract in performing any work subject to ORS 671.510 (Short title) to 671.760 (Business income tax); and

(d)

All amounts from the bond, letter of credit or deposit the board orders paid under ORS 671.703 (Investigation of claim).

(3)

In addition to providing the applicant with coverage for the activities described in ORS 671.520 (Definitions for ORS 671.510 to 671.760) (1), the bond or letter of credit must provide the applicant with coverage for:

(a)

Backflow assembly testing services provided by employees of the landscape contracting business who are certified under ORS 448.279 (Certification of inspectors of cross-connections and testers of backflow assemblies);

(b)

The installation, repair or maintenance by the landscape contracting business of backflow assemblies for irrigation systems and ornamental water features as described in ORS 447.060 (Engaging in certain plumbing work not affected);

(c)

The installation by the landscape contracting business of landscape irrigation control wiring and outdoor landscape lighting as described in ORS 479.940 (Activities not subject to licensure under ORS 479.510 to 479.945); and

(d)

The removal or pruning of a tree, removal of limbs or stumps and tree or limb guying.

(4)

In lieu of the surety bond or letter of credit, the applicant may file with the board, under the same terms and conditions as when a bond is filed, a deposit in cash or negotiable securities acceptable to the board.

(5)

The bond, letter of credit or deposit must be continuously on file with the board in the amount required by this section and is for the exclusive purpose of payment of final orders and arbitration awards in accordance with ORS 671.703 (Investigation of claim). Upon termination or cancellation of the bond, withdrawal of the deposit or reduction of the bond, letter of credit or deposit to less than the required amount, the licensee shall immediately:

(a)

File a replacement bond, letter of credit or deposit; or

(b)

Surrender the license to the board and cease operating as a landscape contracting business.

(6)

If the cost of a project makes, or foreseeably will make, a licensee subject to a higher bond or letter of credit requirement under subsection (1) of this section, the licensee shall immediately file additional bonds, letters of credit or deposits to meet the higher requirements.

(7)

The landscape contracting business is responsible for all work subject to ORS 671.510 (Short title) to 671.760 (Business income tax) that is performed or contracted for by the business. [1973 c.832 §29b; 1979 c.840 §6; 1983 c.452 §15; 1991 c.331 §103; 1995 c.645 §3; 1997 c.631 §520; 1999 c.32 §3; 2001 c.198 §2; 2005 c.609 §18; 2007 c.149 §5; 2007 c.541 §35; 2011 c.104 §1; 2015 c.672 §13]

Source: Section 671.690 — Surety bond, letter of credit or other security, https://www.­oregonlegislature.­gov/bills_laws/ors/ors671.­html.

671.010
Definitions for ORS 671.010 to 671.220
671.020
Registration requirement
671.025
Certain drawings and specifications to carry stamp
671.030
Activities not considered as “practice of architecture.”
671.041
Provision of architectural services by corporate firm
671.045
Liability of professional corporation
671.047
Application of general corporation law to professional corporations
671.050
Application for certificate of registration
671.060
Examination of applicants
671.065
Certification based on recognition by national council or other jurisdictions
671.080
Renewal
671.085
Fees
671.090
Grounds for denial, suspension or revocation of certificates
671.100
Disciplinary authority of board
671.105
Hearing required in disciplinary action
671.120
State Board of Architect Examiners
671.125
Rulemaking authority of board
671.220
Civil penalties
671.310
Definitions for ORS 671.310 to 671.459
671.312
Purpose of ORS 671.310 to 671.459, 671.992 and 671.995
671.316
Registration requirement for practice of landscape architecture
671.318
Businesses providing landscape architecture services
671.321
Activities not considered practice of landscape architecture
671.325
Application for registration
671.335
Examination
671.338
Confidentiality of application, examination and investigatory information
671.345
Registration based on recognition by other jurisdictions
671.365
Fees
671.376
Renewal
671.379
Stamps
671.393
Code of professional conduct
671.395
Continuing education
671.404
Grounds for refusal to register or renew or for suspension
671.408
Disciplinary actions
671.412
Public contract requirements
671.415
Rulemaking authority
671.425
Issuance of registration after revocation
671.442
Arbitration
671.445
Investigation of complaints
671.447
Persons supplying information to board or advisory committee
671.459
State Landscape Architect Board
671.510
Short title
671.520
Definitions for ORS 671.510 to 671.760
671.522
Artificial turf
671.524
Landscape irrigation systems
671.525
Applicant for landscape contracting business license required to be independent contractor
671.527
Applicant for landscape contracting business license workers’ compensation coverage
671.530
Licensing requirements
671.540
Application of ORS 671.510 to 671.760
671.543
Subcontracting
671.550
Authority of board to investigate
671.555
Investigation of person engaged in landscape contracting business
671.557
Injunctive relief
671.560
Issuance of license
671.561
Practical skills testing
671.562
Landscape contracting business workers’ compensation coverage
671.563
Applicant notice of unpaid judgments, awards and orders
671.565
Landscape contracting business license application process and information requirements
671.568
Inactive status for landscape contracting business license
671.570
Qualifications for landscape construction professional license
671.571
Probationary license
671.572
Alternative licensing standards for person licensed as construction contractor
671.574
Inactive status for landscape construction professional license
671.575
License required to obtain judicial or administrative remedy
671.578
Suit for damages for misrepresentation
671.580
Landscape construction professional license not transferable
671.590
Reciprocal landscape construction professional licensing
671.595
Coursework and examination requirements for noncontractor owners and managing employees
671.600
New landscape contracting business license required upon change of ownership
671.603
Persons required to give notification of change of address
671.605
Effect of change in partners or corporate owners
671.607
License refusal or suspension for landscape contracting business debt
671.610
Grounds for sanctions against licensee
671.613
Sanction for failure to comply with certain laws
671.614
Placement on probation
671.615
Installation of backflow assemblies
671.617
Examination for backflow assembly installer license
671.625
Minimum standards for contracts and billings
671.630
State Landscape Contractors Board
671.650
License fees
671.655
Deposit of moneys
671.660
Renewal of licenses
671.670
Rulemaking authority
671.676
Continuing education
671.681
Advisory and technical committees
671.690
Surety bond, letter of credit or other security
671.695
Types of claims
671.700
Notice of claim
671.701
Claims against business holding dual licensing
671.703
Investigation of claim
671.707
Actions following final order of board
671.710
Priority on satisfaction of claims
671.750
Portland metropolitan area business licenses
671.755
Issuance of business license by metropolitan service district
671.760
Business income tax
671.990
Penalties for violations of ORS 671.010 to 671.220 or 671.530
671.992
Criminal penalties for violations of ORS 671.310 to 671.459
671.995
Civil penalties for violations of ORS 671.310 to 671.459
671.997
Civil penalties for violations of ORS 671.510 to 671.760
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