(1) If an order of the Construction Contractors Board determines a complaint against a residential contractor that was filed with the board prior to July 1, 2011, and the order becomes final by operation of law or on appeal and remains unpaid 10 days after the date the order becomes final, the complainant may file the order with the county clerk in any county of this state.

Terms Used In Oregon Statutes 701.153

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Board: means the Construction Contractors Board. See Oregon Statutes 701.005
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contractor: means any of the following:

    (a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005

  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Residential contractor: means a licensed contractor that holds an endorsement as a:

    (a) Residential general contractor;

    (b) Residential specialty contractor;

    (c) Residential limited contractor;

    (d) Residential developer;

    (e) Residential locksmith services contractor;

    (f) Residential restoration contractor;

    (g) Home inspector services contractor;

    (h) Home services contractor; or

    (i) Home energy performance score contractor. See Oregon Statutes 701.005

(2) Upon receipt of an order described in subsection (1) of this section, the clerk shall record the order in the County Clerk Lien Record. In addition to any other remedy provided by law, recording an order described in subsection (1) of this section in the County Clerk Lien Record pursuant to the provisions of this section has the effect provided for in ORS § 205.125 and 205.126, and the order may be enforced as provided in ORS § 205.125 and 205.126.

(3)(a) Payments from the surety bond of a residential contractor pursuant to a board determination under ORS § 701.145 are satisfied in the following priority in any 90-day period:

(A) Board determinations as a result of complaints against a residential contractor by the owner of a residential or small commercial structure have payment priority to the full extent of the bond over all other types of complaints.

(B) If the determinations described in subparagraph (A) of this paragraph do not exhaust the bond, then amounts due under board determinations for all other types of residential or small commercial structure complaints filed with the board within that 90-day period may be paid from the bond, except that the total amount paid from any one bond to nonowner complainants may not exceed $5,000.

(b) A 90-day period begins on the date the first complaint is filed with the board. Subsequent 90-day periods begin on the date the first complaint is filed with the board after the close of the preceding 90-day period.

(4) If the total amount payable under determinations issued by the board for complaints against a residential contractor filed with the board within 90 days after the board receives notice of the first complaint against the contractor exceed the amount of the bond available for payment, subject to the priorities under this section, the board shall decide how payment of the determined amounts from the bond is to be apportioned.

(5) If the total amount payable under determinations issued by the board as a result of complaints that were filed with the board within 90 days after the board receives notice of the first complaint do not exceed the amount of the bond available for payment, those determinations have payment priority over amounts due under determinations resulting from subsequently filed complaints.

(6) The total amount paid from a residential contractor bond for costs and interest under all determinations issued by the board under ORS § 701.145 may not exceed $5,000.

(7)(a) Notwithstanding subsection (3)(a)(B) of this section, if the board determines that the bond required is a higher amount than the amount required ordinarily of a licensee to file a bond under ORS § 701.081, the $5,000 limit payable from the bond for a nonowner complaint under subsection (3)(a)(B) of this section shall be increased in an amount that is proportional to the increased amount required to file the bond, as determined by the board under ORS § 701.068 (5) or (6).

(b) If a complaint filed under ORS § 701.140 (4) or a notice received under ORS § 652.333 contributes to the board’s determination under ORS § 701.068 (5) or (6) that a licensee must file a bond in an amount that is higher than the amount required ordinarily of a licensee, the total amount available for payment of nonowner complaints shall be $5,000 plus up to 50 percent of the amount of the bond as required by the board that exceeds the bond amount ordinarily required under ORS § 701.081 or 701.084. [2007 c.836 § 10; 2007 c.836 § 52; 2011 c.630 50,70; 2016 c.99 § 12; 2019 c.444 § 9; 2023 c.254 § 3]

 

[1973 c.832 § 59; repealed by 1981 c.618 § 18]

 

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