2017 ORS
701.180¹
Alternative mediation or arbitration process
- • waiver and compliance
Notwithstanding the provisions of ORS 36.600 (Definitions) to 36.740 (Relationship to electronic signatures in Global and National Commerce Act), any other provision of law or any contractual provision, failure of a contractor to initiate mediation or arbitration proceedings within 30 days after notification by the Construction Contractors Board of a complaint under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) is a waiver by the contractor of any contractual right to a mediation or arbitration process in lieu of mediation by the board under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures). If the parties do not resolve or settle the dispute pursuant to board mediation under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures), unless otherwise provided by law regarding a dispute described under ORS 652.140 (Payment of wages on termination of employment) or 653.010 (Definitions for ORS 653.010 to 653.261) to 653.261 (Minimum employment conditions), the complainant must comply with any contractual provision for mediation or arbitration of the dispute as a condition for obtaining the judgment required under ORS 701.145 (Resolution of complaints involving work on residential structures or certain small commercial structures) (5). [Subsection (1) enacted as 1989 c.430 §5; subsection (2) enacted as 1989 c.928 §21; 1991 c.67 §187; 1991 c.181 §12; 2001 c.197 §17; 2001 c.414 §11; 2003 c.598 §52; 2007 c.793 §21; 2011 c.630 §§51,71; 2016 c.99 §13]
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