2015 ORS 701.180¹
Alternative mediation or arbitration process
  • • waiver and compliance

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This section is amended
Effective January 1, 2017
Chapter 99 Oregon Laws 2016 (HB 4121)
Relating to the Construction Contractors Board process for contested cases; amending ORS 701.005, 701.068, 701.088, 701.117, 701.133, 701.139, 701.140, 701.145, 701.146, 701.149, 701.150, 701.153, 701.180 and 701.235; and repealing ORS 87.059 and 701.144 and section 73, chapter 630, Oregon Laws 2011.

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]

Note: The amendments to 701.180 (Alternative mediation or arbitration process) by section 71, chapter 630, Oregon Laws 2011, become operative July 1, 2017, and apply to complaints filed on or after July 1, 2017. See section 73, chapter 630, Oregon Laws 2011. The text that is operative on and after July 1, 2017, is set forth for the user’s convenience.

701.180 (Alternative mediation or arbitration process). 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 mediation or arbitration.

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/­ors701.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 701, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano701.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.