Terms Used In Oregon Statutes > Chapter 701 - Construction Contractors and Contracts

• Administrator: includes but is not limited to all superintendents, assistant superintendents, principals and academic program directors in public schools or education service districts who have direct responsibility for supervision or evaluation of licensed teachers and who are compensated for their services from public funds. See Oregon Statutes 342.120
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Appraisal: A determination of property value.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Articles of organization: means the document described in ORS § 63. See Oregon Statutes 63.001
• Board: means the Construction Contractors Board. See Oregon Statutes 701.005
• Child with a disability: means a school-age child who is entitled to a free appropriate public education as specified by ORS § 339. See Oregon Statutes 343.035
• 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 contractor level 2;

  (d) Commercial specialty contractor level 2; or

  (e) Commercial developer. See Oregon Statutes 701.005

• Commercial developer: means a developer of property that is zoned for or intended for use compatible with a small commercial or large commercial structure. See Oregon Statutes 701.005
• Construction debt: means an amount owed:

  (a) Under an order or arbitration award issued by the board that has become final by operation of law;

  (b) Under a judgment, arbitration award or civil penalty that has become final by operation of law arising from construction activities within the United States;

  (c) Under a judgment or civil penalty that has become final by operation of law arising from a failure to comply with ORS § 656. See Oregon Statutes 701.005

• 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

• Decision: means the decision of the hearing officer. See Oregon Statutes 343.035
• Determination: means the determination by the school district concerning the identification, evaluation or educational placement of a child with a disability or the provision of a free appropriate public education to the child in a program paid for by the district. See Oregon Statutes 343.035
• Developer: means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property. See Oregon Statutes 701.005
• Early childhood special education: means instruction that is:

  (a) Free, appropriate and specially designed to meet the unique needs of a preschool child with a disability;

  (b) Provided from three years of age until the age of eligibility for kindergarten; and

  (c) Provided in any of the following settings:

  (A) The home, a hospital, an institution, a special school, a classroom or a community child care setting;

  (B) A preschool; or

  (C) A combination of a setting described in subparagraph (A) of this paragraph and a preschool. See Oregon Statutes 343.035

• Early intervention services: means services for preschool children with disabilities from birth until three years of age that are:

  (a) Designed to meet the developmental needs of children with disabilities and the needs of the family related to enhancing the child's development;

  (b) Selected in collaboration with the parents; and

  (c) Provided:

  (A) Under public supervision;

  (B) By personnel qualified in accordance with criteria established by rules of the State Board of Education; and

  (C) In conformity with an individualized family service plan. See Oregon Statutes 343.035

• Entity: means a domestic or foreign limited liability company, corporation, professional corporation, foreign corporation, domestic or foreign nonprofit corporation, domestic or foreign cooperative corporation, profit or nonprofit unincorporated association, business trust, domestic or foreign general or limited partnership, two or more persons that have a joint or common economic interest, any state, the United States, a federally recognized Native American or American Indian tribal government or any foreign government. See Oregon Statutes 63.001
• Foreign limited liability company: means an entity that is an unincorporated association organized under laws other than the laws of the state and that is organized under a statute under which an association may be formed that affords to each of the entity's members limited liability with respect to the liabilities of the entity. See Oregon Statutes 63.001
• General contractor: means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises or performs in whole or part, whenever the sum of all contracts on any single property, including materials and labor, exceeds an amount established by rule by the board. See Oregon Statutes 701.005
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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

• Home inspector: means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure. See Oregon Statutes 701.005
• Individualized education program: means a written statement of an educational program for a child with a disability that is developed, reviewed and revised in a meeting in accordance with criteria established by rules of the State Board of Education for each child eligible for special education and related services under this chapter. See Oregon Statutes 343.035
• Individualized family service plan: means a written plan of early childhood special education, related services, early intervention services and other services developed in accordance with criteria established by rules of the State Board of Education for each child eligible for services under this chapter. See Oregon Statutes 343.035
• Instruction: means providing children and families with information and skills that support the achievement of the goals and outcomes in the child's individualized family service plan and working with preschool children with disabilities in one or more of the following developmental areas:

  (a) Communication development;

  (b) Social or emotional development;

  (c) Physical development, including vision and hearing;

  (d) Adaptive development; and

  (e) Cognitive development. See Oregon Statutes 343.035

• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Key employee: means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule. See Oregon Statutes 701.005
• Large commercial structure: means a structure that is not a residential structure or small commercial structure. See Oregon Statutes 701.005
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Member: means a person with both an ownership interest in a limited liability company and all the rights and obligations of a member specified under this chapter. See Oregon Statutes 63.001
• Officer: means any of the following persons:

  (a) A president, vice president, secretary, treasurer or director of a corporation. See Oregon Statutes 701.005

• Operating agreement: means any valid agreement, written or oral, of the member or members as to the affairs of a limited liability company and the conduct of the limited liability company's business. See Oregon Statutes 63.001
• Order: has the meaning given that term in ORS Chapter 183. See Oregon Statutes 343.035
• Other services: means those services that may be provided to preschool children with disabilities and to their families that are not early childhood special education or early intervention services and are not paid for with early childhood special education or early intervention funds. See Oregon Statutes 343.035
• Parent: means the parent, person acting as a parent or a legal guardian, other than a state agency, of the child or the surrogate parent. See Oregon Statutes 343.035
• Party: includes an individual who was, is or is threatened to be made a named defendant or respondent in a proceeding. See Oregon Statutes 63.001
• Person: means an individual or entity. See Oregon Statutes 63.001
• person with a disability: means any person who:

  (a) Has a physical or mental impairment which substantially limits one or more major life activities;

  (b) Has a record of such an impairment; or

  (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

• Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
• Proceeding: means any threatened, pending or completed action, suit or proceeding whether civil, criminal, administrative or investigatory and whether formal or informal. See Oregon Statutes 63.001
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Related services: means transportation and such developmental, corrective and other supportive services as are required to assist a child with a disability to benefit from special education, including:

  (A) Speech-language and audiology services;

  (B) Interpreting services;

  (C) Psychological services;

  (D) Physical and occupational therapy;

  (E) Recreation, including therapeutic recreation;

  (F) Social work services;

  (G) School nurse services designed to enable a child with a disability to receive a free appropriate public education as described in the individualized education program of the child;

  (H) Early identification and assessment of disabilities in children;

  (I) Counseling services, including rehabilitation counseling;

  (J) Orientation and mobility services;

  (K) Medical services for diagnostic or evaluation purposes;

  (L) Parent counseling and training; and

  (M) Assistive technology. See Oregon Statutes 343.035

• 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

• Residential developer: means a developer of property that is zoned for or intended for use compatible with a residential or small commercial structure. See Oregon Statutes 701.005
• Responsible managing individual: means an individual who:

  (a) Is an owner described in ORS § 701. See Oregon Statutes 701.005

• School district: means a common or union high school district that is charged with the duty or contracted with by a public agency to educate children eligible for special education. See Oregon Statutes 343.035
• Special education: includes instruction that:

  (a) May be conducted in the classroom, the home, a hospital, an institution, a special school or another setting; and

  (b) May involve physical education services, speech-language services, transition services or other related services designated by rule to be services to meet the unique needs of a child with a disability. See Oregon Statutes 343.035

• Specialty contractor: includes a person who performs work regulated under ORS § 446. See Oregon Statutes 701.005
• Teacher: includes all licensed employees in the public schools or employed by an education service district who have direct responsibility for instruction or coordination of educational programs and who are compensated for their services from public funds. See Oregon Statutes 342.120
• Teaching license: means a license issued under ORS § 342. See Oregon Statutes 342.120
• United States: means the federal government and a district, authority, bureau, commission, department or any other agency of the United States. See Oregon Statutes 63.001
• Worker leasing company: means a person licensed under ORS § 656. See Oregon Statutes 701.005
• Zero-lot-line dwelling: means a single-family dwelling unit constructed in a group of attached units in which:

  (a) Each attached unit extends from foundation to roof with open space on two sides; and

  (b) Each dwelling unit is separated by a property line. See Oregon Statutes 701.005