Oregon Statutes - Chapter 701 - Construction Contractors and Contracts - Section 701.305 - Requirement for written contract; standard contractual terms; rules.

(1) A contractor may not perform work subject to this section for an owner of a residential structure or zero-lot-line dwelling without a written contract if the aggregate contract price exceeds $2,000. If the price of a contract was initially less than $2,000, but during the course of performance the contract exceeds that amount, the contractor shall mail or otherwise deliver a written contract to the owner not later than five days after the contractor knows or should reasonably know that the contract price will exceed $2,000. Failure to have a written contract will not void the contract.

(2) The Construction Contractors Board shall adopt rules that require a contractor to use standard contractual terms in a construction contract for which subsection (1) of this section requires a written contract. The standard contractual terms shall be clear, use words of common understanding and shall include but need not be limited to:

(a) A statement that the contractor is licensed by the board;

(b) The name, license number, address and telephone number of the contractor as shown on board records on the date the contract is entered into;

(c) An acknowledgment of a written offer of a warranty, if an offer is required by ORS 701.320, and indication of the acceptance or rejection of the offered warranty;

(d) For a residential structure contract, a summary of the notices required under ORS 87.093 or under rules adopted under ORS 701.330 and 701.335 (2) on the contractor’s bid proposal;

(e) Acknowledgment of the receipt of the maintenance information required by the board under ORS 701.335; and

(f) An explanation of the property owner’s rights under the contract, including, but not limited to, the ability to file a claim with the board and the existence of any mediation or arbitration provision in the contract, set forth in a conspicuous manner as defined by the board by rule. [2007 c.648 §7]

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Last modified: August 7, 2008