35 chapters · 1,789 sections in this title.
ORS 701.002 Short title
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Chapter 928, Oregon Laws 1989, shall be known as the Construction Contractors Licensing Act. [Formerly 701.900] Note: Legislative Counsel has substituted chapter 928, Oregon Laws 1989, for the words this Act in section 31, chapter 928, Oregon Laws 1989, compiled as 701.900 an…
ORS 701.005 Definitions
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As used in this chapter: (1) Board means the Construction Contractors Board. (2) Commercial contractor means a licensed contractor that holds an endorsement as a: (a) Commercial general contractor level 1; (b) Commercial specialty contractor level 1; (c) Commercial general co…
ORS 701.010 Exemptions from licensure; rules
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The Construction Contractors Board may adopt rules to make licensure optional for persons who offer, bid or undertake to perform work peripheral to construction, as defined by administrative rule of the board. The following persons are exempt from licensure under this chapter: (1…
ORS 701.013 Intent relating to certain business license requirements
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It is the intent of the Legislative Assembly to reduce the number of city business licenses that construction contractors are required to obtain in order to conduct business in the Portland metropolitan area. It is the purpose of this section and ORS 701.015 to enable constructio…
ORS 701.015 Business license requirements in cities and metropolitan service districts; fees; distribution of fees
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(1) A contractor shall pay directly to any city within the boundaries of a metropolitan service district any business license tax imposed by the city when: (a) The principal place of business of the contractor is within the city; or (b) The principal place of business of the cont…
ORS 701.020 Certain cities exempt from application of ORS 701.015
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(1) A city that imposes a business license tax based on or measured by adjusted net income earned by conducting business within the city shall be exempt from ORS 701.015. (2) As used in this section, business license tax has the meaning given that term in ORS 701.015. [1987 c.5…
ORS 701.021 License requirement; endorsements
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(1) Except as provided in ORS 701.010, a person or joint venture that undertakes, offers to undertake or submits a bid to do work as a contractor must have a current license issued by the Construction Contractors Board and possess an appropriate endorsement as provided in this se…
ORS 701.026 Subcontractor licensing; landscaping
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(1) A contractor may not hire a contractor to perform work unless the contractor is licensed under this chapter and properly endorsed for the work to be performed or is exempt from licensure under ORS 701.010. (2) Except as provided in ORS 671.540, a contractor that is not licens…
ORS 701.031 Evidence of doing business as contractor
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(1) It is prima facie evidence that a person is doing business as a contractor if: (a) The person for that persons own use performs, employs others to perform, or for compensation and with the intent to sell the structure arranges to have performed, work described in ORS 701.005…
ORS 701.035 Applicant required to be independent contractor to be eligible for license; classes of licenses
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(1) An applicant must qualify as an independent contractor under ORS 670.600 to be eligible for a license with the Construction Contractors Board. (2) The board shall establish two classes of independent contractor: (a) The nonexempt class is composed of the following entities: (…
ORS 701.038 Residential limited contractors
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A residential limited contractor may not: (1) Perform work as a contractor exceeding $40,000 in gross annual volume; or (2) Enter into contracts to perform work as a contractor in excess of $5,000. [2007 c.836 §5]
ORS 701.042 Residential or commercial developers
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A residential or commercial developer: (1) Shall act only in association with licensed general contractors, one or a combination of whom must have sole responsibility for overseeing all phases of construction activity on a property; and (2) May not perform any construction work o…
ORS 701.046 License application
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(1) Except as provided in subsection (2) of this section, an applicant for a construction contractor license must submit the application on a form prescribed by the Construction Contractors Board. The application must include, but is not limited to, the following information: (a)…
ORS 701.050 Commercial contractor key employees
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(1) A commercial general contractor or commercial specialty contractor shall certify upon license application or renewal that the contractor has one or more key employees with the combined total amount of experience required under ORS 701.084. (2) Except as provided in subsection…
ORS 701.056 Licensing application fee; rules
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Each applicant shall pay to the Construction Contractors Board: (1) For an application for the issuance or renewal of a contractor license, an application fee as determined by the board under ORS 701.238. (2) For an application for changes to a contractor license, other than chan…
ORS 701.060 Licensing in another category; fee
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Any contractor licensed under this chapter may at any time apply for an additional or different endorsement. The Construction Contractors Board may charge a fee not to exceed $20 for each application. [1977 c.426 §2; 1981 c.618 §11; 1983 c.616 §7; 1989 c.430 §2; 1989 c.928 §5; 19…
ORS 701.063 Term of license; fee; renewal; inactive status; license identification card
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(1) A license is valid for two years from the date of issuance unless the license is revoked or suspended as set forth in ORS 701.098. (2) A person may renew a license by submitting an application for renewal on the prescribed form, providing any additional information required, …
ORS 701.068 Bonding requirements; action against surety; rules
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(1) An applicant for issuance or renewal of a contractor license shall file with the Construction Contractors Board a surety bond with one or more corporate sureties authorized to do business in this state in the amount set forth in ORS 701.081 or 701.084. (2) If an applicant for…
ORS 701.073 Insurance required of licensed contractors
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(1) A contractor who possesses a license as required under this chapter shall have in effect public liability, personal injury and property damage insurance covering the work of the contractor that is subject to this chapter, including the covering of liability for products and c…
ORS 701.081 Residential contractors; bond; insurance; responsible managing individual
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(1) A residential general contractor shall: (a) Obtain a surety bond under ORS 701.068 in the amount of $25,000; (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $500,000; and (c) Have a responsible managing individual who meets the requireme…
ORS 701.082 Residential contractor continuing education requirements; exemptions
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(1)(a) Except as provided in subsections (2) and (6) of this section and ORS 701.083, to qualify for the renewal of a residential contractor license the licensee must complete eight hours of continuing education during the two-year licensing period preceding the renewal. (b) Thre…
ORS 701.083 Residential contractor specialized education programs
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The Construction Contractors Board may allow a residential contractor to participate in a specialized education program under ORS 701.120 in lieu of completing continuing education described in ORS 701.082 (1)(c). The board may establish a minimum number of specialized education …
ORS 701.084 Commercial contractors; bond; insurance; responsible managing individual; key employees
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(1) A commercial general contractor level 1 shall: (a) Obtain a surety bond under ORS 701.068 in the amount of $80,000; (b) Obtain general liability insurance under ORS 701.073 in an amount of not less than $2 million; (c) Have a responsible managing individual who meets the requ…
ORS 701.086 Key employee continuing education
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(1) A commercial general contractor level 1 or commercial specialty contractor level 1 shall have a key employee, or combination of key employees, who completes at least 40 hours of continuing education per year. (2) A commercial general contractor level 2 or commercial specialty…
ORS 701.088 Contractor rehabilitating illegal drug manufacturing site; substitution for bond; fee; rules
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(1) As used in this section: (a) Illegal drug manufacturing site has the meaning given that term in ORS 453.858. (b) Nonprofit organization means an organization or group of organizations described in section 501(c)(3) of the Internal Revenue Code that is exempt from income t…
ORS 701.091 Responsible managing individual
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(1) A business licensed under this chapter must at all times have at least one responsible managing individual. (2) Subsection (1) of this section does not apply to a business licensed with endorsement solely as a residential or commercial developer. [Formerly 701.078]
ORS 701.093 Change in responsible managing individual; temporary managing individual
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(1) If a person ceases to be the responsible managing individual for a contractor or business that is required under this chapter to have a responsible managing individual, the contractor or business shall include the following information in the notification to the Construction …
ORS 701.094 Definition for ORS 701.098 and 701.102; rules
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(1) As used in ORS 701.098 and 701.102, owner means: (a) A sole proprietor of, partner in or holder of a controlling interest in a business; or (b) A person defined as an owner by Construction Contractors Board rule. (2) The board shall adopt rules defining an owner for purpose…
ORS 701.098 Grounds for discipline; rules; suspension or refusal of license without prior hearing; hearing; civil penalty; injunctions; cease and desist orders; restoration or reissuance of license
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(1) The Construction Contractors Board may revoke, suspend, condition or refuse to issue or reissue a license and may assess a civil penalty as provided in ORS 701.992 if the board determines after notice and opportunity for hearing that a licensee or applicant: (a) Violated a pr…
ORS 701.102 Sanction for past unresolved activity or outstanding matters; probation
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(1) As used in this section, construction contractor license means a license issued within the United States to engage in the business of construction contracting. (2) The Construction Contractors Board may revoke, suspend or refuse to issue a license required under this chapte…
ORS 701.106 Sanction for violation or failure to comply with certain laws
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(1) A contractor that violates or fails to comply with any of the following provisions or any rules adopted under those provisions is subject to the suspension of, revocation of, refusal to issue or refusal to renew a license, imposition of a civil penalty under ORS 701.992, or a…
ORS 701.107 Sanction for assisting evasion of obligations
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In addition to any other authority granted to the Construction Contractors Board, the board may revoke, suspend or refuse to issue a license to a person if the board finds that the person has engaged in dishonesty by supplying any governmental entity or person with false informat…
ORS 701.108 Failure to comply with prevailing wage rate or other wage and hour standards for energy efficiency and sustainable technology projects
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(1) If a project financed under the energy efficiency and sustainable technology loan program is to be constructed for a commercial structure, the State Department of Energy shall require that the certified contractor pay the employees used for the project at the prevailing wage …
ORS 701.109 Reporting of final judgments
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(1) As used in this section, judgment means: (a) A judgment issued in a court action; or (b) A court order that confirms an arbitration award. (2) A contractor shall send the Construction Contractors Board a copy of a final judgment entered by a circuit court of this state, or …
ORS 701.110 License suspension for unpaid determined wage claim
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Upon receipt of the notification provided by the Commissioner of the Bureau of Labor and Industries under ORS 652.333 stating that a contractor or a business has failed to pay the amounts due as ordered in a final determination order within 60 days of the issuance of the order, t…
ORS 701.112 Continuation of board authority when change occurs in license status
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A lapse, surrender, suspension or other change in license status does not affect any authority otherwise granted the Construction Contractors Board to proceed with an investigation, conduct a disciplinary hearing or take disciplinary action against a person for a violation of thi…
ORS 701.114 Change in responsible managing individual or persons exercising control of contractor
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(1) Except as provided in this subsection, a contractor licensed under this chapter shall immediately notify the Construction Contractors Board of any change in the identity, name or address of a person who holds a position with the contractor that is described in ORS 701.046 (1)…
ORS 701.117 Contractor to notify board of address change or change in exemption status; effect of mail to last-known address
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(1) A contractor shall notify the Construction Contractors Board of: (a) Any change of address while licensed and for one year following the date the contractors license expires or otherwise becomes inactive; and (b) A change in the contractors status as exempt under ORS 701.03…
ORS 701.119 Certification to participate in small scale local energy project program
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(1) A licensed contractor that possesses an appropriate endorsement may apply to the Construction Contractors Board for certification to participate as a primary contractor, as defined in ORS 470.050, in the construction of small scale local energy projects financed through the e…
ORS 701.120 Specialized education programs; standards; specialized education notation in credentials; removal of notation; rules for use of credentials
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(1) As used in this section, a specialized education program means one or more of the following: (a) A structured program that is approved or certified by an appropriate state or federal agency, or by an organization recognized by the Construction Contractors Board as represent…
ORS 701.122 Training requirements for individuals and businesses; testing of business license applicant; exception; rules
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(1) The Construction Contractors Board, by rule, shall impose training requirements for individuals and businesses seeking to be licensed under this chapter. The training required by the board must relate to business practices and laws affecting construction contractors. The boar…
ORS 701.128 Suit for damages for misrepresentation
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If any person suffered costs or damages as a result of an individual providing a false or invalid Construction Contractors Board number or otherwise misleading a person with respect to licensure with the board, that person may bring suit in a court of competent jurisdiction to re…
ORS 701.131 License required to perfect lien or obtain judicial or administrative remedy; exception
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(1) Except as provided in subsection (2) of this section, a contractor may not perfect a construction lien, file a complaint with the Construction Contractors Board or commence an arbitration or a claim in a court of this state for compensation for the performance of any work or …
ORS 701.133 Notice of intent to file complaint; fees; rules
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(1) Unless otherwise provided by the Construction Contractors Board by rule, before filing a complaint under ORS 701.139, a person must send notice to the contractor that the person intends to file the complaint. The person must send the notice at least 30 days before filing the …
ORS 701.139 Complaint validity; applicable resolution processes
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The Construction Contractors Board may determine the validity of a complaint described in ORS 701.140 filed against a licensed contractor. A person must file the complaint within the applicable time limitation described in ORS 701.143. The complaint must be filed and resolved as …
ORS 701.140 Types of allowable complaints; restriction on processing complaint for recoupment of lien
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A complaint under ORS 701.139 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 contra…
ORS 701.143 Requirement for timely filing of complaints; timelines
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The Construction Contractors Board may not process a complaint against a licensed contractor, including a complaint based upon a court judgment or an arbitration award, unless the complaint is filed with the board in a timely manner as follows: (1) Except as otherwise provided in…
ORS 701.145 Resolution of complaints involving work on residential structures or certain small commercial structures
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For a complaint described in ORS 701.139 (1) or (3)(a) or a complaint under ORS 701.139 (3)(b) that a complainant elects to have resolved under this section: (1) The complainant must file the complaint with the Construction Contractors Board in a form prescribed by the board. (2)…
ORS 701.146 Resolution of complaints involving work on large commercial structures or certain small commercial structures
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For a complaint described in ORS 701.139 (2) or (3)(c) or a complaint under ORS 701.139 (3)(b) that a complainant elects to have resolved under this section: (1) The person seeking to file the complaint with the Construction Contractors Board must: (a) Bring an action on the disp…
ORS 701.149 Status reports; alternative dispute resolution
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(1) If the Construction Contractors Board suspends the processing of a complaint because of the complaint having been submitted to a court or arbitrator or because of a court having stayed action on the complaint, the board may require that the complainant provide status reports …