Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 279C.600 (2026)

Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      279C.600 Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim. (1) A person claiming to have supplied labor or materials for the performance of the work provided for in a public contract, including any person having a direct contractual relationship with the contractor furnishing the payment bond or a direct contractual relationship with any subcontractor, or an assignee of such person, or a person claiming moneys due the State Accident Insurance Fund Corporation, the Unemployment Compensation Trust Fund or the Department of Revenue in connection with the performance of the contract, has a right of action on the contractor’s payment bond as provided for in ORS 279C.380 and 279C.400 only if:

      (a) The person or the assignee of the person has not been paid in full; and

      (b) The person gives written notice of claim, as prescribed in ORS 279C.605, to the contractor and the contracting agency.

      (2) When, upon investigation, the Commissioner of the Bureau of Labor and Industries has received information indicating that one or more workers providing labor on a public works have not been paid in full at the prevailing rate of wage or overtime wages, the commissioner has a right of action first on the contractor’s public works bond required under ORS 279C.836 and then, for any amount of a claim not satisfied by the public works bond, on the contractor’s payment bond, as provided in ORS 279C.380 and 279C.400. When an investigation indicates that a subcontractor’s workers have not been paid in full at the prevailing rate of wage or overtime wages, the commissioner has a right of action first on the subcontractor’s public works bond and then, for any amount of a claim not satisfied by the subcontractor’s public works bond, on the contractor’s payment bond. The commissioner’s right of action exists without necessity of an assignment and extends to workers on the project who are not identified when the written notice of claim is given, but for whom the commissioner has received information indicating that the workers have provided labor on the public works and have not been paid in full. The commissioner shall give written notice of the claim, as prescribed in ORS 279C.605, to the contracting agency, the Construction Contractors Board, the contractor and, if applicable, the subcontractor. The commissioner may not make a claim for the same unpaid wages against more than one bond under this section. [2003 c.794 §154; 2005 c.360 §3]

Notes of Decisions
Cited in 2 cases, 2015–2016 · leading case: State v. Ross Bros. & Co., 342 P.3d 1026 (Or. Ct. App. 2015).
Sort: Relevance Newest Treatment
State v. Ross Bros. & Co., 342 P.3d 1026 (Or. Ct. App. 2015). · cites it 6× “380(l)(b) requires successful bidders in public improvement contracts to secure a payment bond “in an amount equal to the full contract price, solely for the protection of claimants under ORS 279C.600.” ORS 279C.600(1) provides that, among others, a person claiming to have…”
State v. Smith & Smith Excavation, Inc., 386 P.3d 112 (Or. Ct. App. 2016). · cites it 5× “As to timing, it states, in relevant part, that “[t]he notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials [.”
— Or. Rev. Stat. § 279C.600(1) — 2 cases
State v. Ross Bros. & Co., 342 P.3d 1026 (Or. Ct. App. 2015). “380(l)(b) requires successful bidders in public improvement contracts to secure a payment bond “in an amount equal to the full contract price, solely for the protection of claimants under ORS 279C.600.” ORS 279C.600(1) provides that, among others, a person claiming to have…”
State v. Smith & Smith Excavation, Inc., 386 P.3d 112 (Or. Ct. App. 2016). “As to timing, it states, in relevant part, that “[t]he notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials [.”
— Or. Rev. Stat. § 279C.600(1)(c) — 1 case
State v. Smith & Smith Excavation, Inc., 386 P.3d 112 (Or. Ct. App. 2016). “As to timing, it states, in relevant part, that “[t]he notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials [.”
— Or. Rev. Stat. § 279C.600(l)(c) — 1 case
State v. Smith & Smith Excavation, Inc., 386 P.3d 112 (Or. Ct. App. 2016). “As to timing, it states, in relevant part, that “[t]he notice of claim required by ORS 279C.600 must be sent by registered or certified mail or hand delivered no later than 180 days after the day the person last provided labor or furnished materials [.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.