Oregon Statutes - Chapter 701 - Construction Contractors and Contracts - Section 701.139 - Board authority over disputes; resolution processes.

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 follows:

(1) A complaint against a residential contractor that is not also endorsed as a commercial contractor must be resolved as provided in ORS 701.145.

(2) A complaint against a commercial contractor that is not also endorsed as a residential contractor must be resolved as provided in ORS 701.146.

(3) A complaint against a contractor that is endorsed as both a residential contractor and a commercial contractor:

(a) That involves work on a residential structure or an appurtenance to a residential structure must be resolved as provided under ORS 701.145.

(b) That involves work on a small commercial structure or an appurtenance to a small commercial structure may be resolved as provided in ORS 701.145 or 701.146, at the complainantís election.

(c) That involves work on a large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS 701.146.

(4) Notwithstanding subsections (1) to (3) of this section and except as provided in ORS 701.148, with prior agreement of the complainant and the licensed contractor, a complaint may be resolved by the board through binding arbitration under ORS 701.148. [2001 c.197 §3; 2001 c.414 §5a; 2007 c.793 §11; 2007 c.836 §64]

Note: The amendments to 701.139 by section 64, chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to complaints filed against persons whose contractor licenses are issued or renewed on or after July 1, 2008. See section 70, chapter 836, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 11, chapter 793, Oregon Laws 2007, is set forth for the userís convenience.

701.139. Except as provided in ORS 701.148 (2), the Construction Contractors Board may resolve a dispute against a licensed contractor only if a complaint is made against the contractorís surety bond required by ORS 701.068. In order to have access to the bond, a person must file a complaint of a type described in ORS 701.140 within the applicable time limitation described in ORS 701.143. The complaint must be filed and resolved as follows:

(1) A complaint that involves work on a residential structure or an appurtenance to a residential structure must be resolved as provided under ORS 701.145.

(2) A complaint that involves work on a small commercial structure or an appurtenance to a small commercial structure may be resolved as provided in ORS 701.145 or 701.146.

(3) Except as provided in subsections (4) and (5) of this section, a complaint that involves work on a large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS 701.146.

(4) A complaint by an owner that involves work on a large commercial structure or an appurtenance to a large commercial structure when the total contract involved in the complaint is $25,000 or less may be resolved as provided in ORS 701.145 or 701.146.

(5) Notwithstanding subsections (1) to (4) of this section, with prior agreement of the complainant and the licensed contractor, a complaint may be resolved by the board through binding arbitration under ORS 701.148.

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Last modified: August 7, 2008