Notice of defect requirement
- • contents
- • mailing
(1) Except as provided in ORS 701.600 (Nonapplicability of ORS 701.560 to 701.595 and 701.605), an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a residence located in this state unless the owner has sent that contractor, subcontractor or supplier a notice of defect as provided in this section and has complied with ORS 701.575 (Availability of residence).
(2) An owner must send a notice of defect by registered or certified mail, return receipt requested. If a notice of defect is sent to a contractor or subcontractor, the owner must send the notice to the last known address for the contractor or subcontractor as shown in the records of the Construction Contractors Board. If a notice of defect is sent to a supplier, the owner must send the notice to the Oregon business address of the supplier or, if none, to the registered agent of the supplier.
(3) A notice of defect sent by an owner must include:
(a) The name and mailing address of the owner or the owner’s legal representative, if any;
(b) A statement that the owner may seek to compel arbitration or bring a court action against the contractor, subcontractor or supplier;
(c) The address and location of the affected residence;
(d) A description of:
(A) Each defect;
(B) The remediation the owner believes is necessary; and
(C) Any incidental damage not curable by remediation as described in subparagraph (B) of this paragraph; and
(e) Any report or other document evidencing the existence of the defects and any incidental damage. [2003 c.660 §2; 2011 c.268 §1]
Note: See note under 701.560 (Definitions for ORS 701.560 to 701.595 and 701.605).
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