Oregon Statutes 701.312 – Additional grounds for placing contractor on probation
Notwithstanding the conditions specified for probation in ORS § 701.102 (3), the Construction Contractors Board may place a contractor on probation as provided in ORS § 701.102 (3) if the contractor offers to perform a home improvement, accepts a deposit of more than 50 percent of the total contract price and:
Terms Used In Oregon Statutes 701.312
- Board: means the Construction Contractors Board. See Oregon Statutes 701.005
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Home improvement: means a renovation, remodel, repair or alteration by a residential contractor to an existing owner-occupied:
(A) Residence that is a site-built home;
(B) Condominium, rental residential unit or other residential dwelling unit that is part of a larger structure, if the property interest in the unit is separate from the property interest in the larger structure;
(C) Modular home constructed off-site;
(D) Manufactured dwelling; or
(E) Floating home, as defined in ORS § 830. See Oregon Statutes 701.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(1) Fails to perform diligently and in accordance with the contract specifications the home improvement for which the contractor received the deposit; or
(2) Fails to perform the home improvement for which the contractor received the deposit and fails to return the deposit within 10 days after a reasonable demand to return the deposit. [2010 c.77 § 6]
