Types of allowable complaints
- • restriction on processing complaint for recoupment of lien
A complaint under ORS 701.139 (Complaint validity) must arise from the performance, or a contract for the performance, of work that requires a contractor license issued by the Construction Contractors Board. The complaint must be of one or more of the following types:
(1) A complaint against a contractor by the owner of a structure or other real property for the following:
(a) Negligent work.
(b) Improper work.
(c) Breach of contract.
(2) A complaint against a contractor by the owner of a structure or other real property to discharge, or to recoup funds expended in discharging, a lien established under ORS 87.010 (Construction liens) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) under circumstances described under this subsection. The board shall process complaints described in this subsection under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) only if:
(a) The owner paid the contractor for that contractor’s work subject to this chapter;
(b) A lien is filed against the property of the owner under ORS 87.010 (Construction liens) to 87.060 (Foreclosure) and 87.075 (Exemption of building materials from attachment by third persons) to 87.093 (Information Notice to Owner) because the contractor failed to pay the person claiming the lien for that person’s contribution toward completion of the improvement; and
(c) The complaint is described in ORS 701.139 (Complaint validity) (1) or (3)(a) or (b).
(3) A complaint against a licensed subcontractor by a licensed contractor for the following:
(a) Negligent work;
(b) Improper work; or
(c) Breach of contract.
(4) A complaint by a person furnishing labor to a contractor or owed employee benefits by a contractor.
(5) A complaint, as limited by rule of the board, by a person furnishing material or renting or supplying equipment to a contractor. The minimum limit set by the board may not exceed $150.
(6) A complaint by a subcontractor against a contractor for unpaid labor or materials arising out of a contract. [1981 c.618 §4; 1983 c.616 §13; 1989 c.167 §1; 1989 c.928 §16; 1991 c.181 §9; 1991 c.717 §1; 1997 c.301 §3; 1999 c.402 §30; 2001 c.197 §13; 2007 c.793 §12; 2007 c.836 §65; 2011 c.630 §§45,65; 2016 c.99 §7]
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.