701.145
Resolution of complaints involving work on residential structures or certain
small commercial structures.
For a complaint described in ORS 701.139 (1) or (3)(a) or a complaint under ORS
701.139 (3)(b) that a complainant elects to have resolved under this section:
(1) The
complainant must file the complaint with the Construction Contractors Board in
a form prescribed by the board.
(2) The board may
suspend processing of the complaint if:
(a) The same
facts and issues involved in the complaint have been submitted to a court of
competent jurisdiction for determination or have been submitted to any other
entity authorized by law or the parties to effect a resolution or settlement;
or
(b) The board
determines that the nature or complexity of the dispute described in the
complaint is such that a court is the appropriate forum for the adjudication of
the dispute.
(3) The board may
dismiss or close the complaint as established by rule of the board if any of
the following conditions apply:
(a) The
complainant does not respond to a board request and the request is necessary to
the board’s investigation of the complaint.
(b) The
complainant does not allow the board to conduct one or more on-site meetings to
mediate or investigate the complaint.
(c) The
complainant does not permit the contractor against whom the complaint is filed
to be present at an on-site investigation made by the board.
(d) The amount in
controversy is less than an amount adopted by the board and not more than $250.
(4) Upon
acceptance of the complaint, the board shall give notice to the contractor
against whom the complaint is made and shall initiate proceedings to determine
board jurisdiction over the complaint. The board shall attempt to conduct one
or more meetings on-site or by telephone to mediate a dispute. During mediation
of a dispute, the board may recommend to the contractor such action as the
board considers appropriate to compensate the complainant. If the contractor
performs accordingly, the board shall give that fact due consideration in any
subsequent disciplinary proceeding brought by the board.
(5) If the
parties do not resolve or settle the complaint, except as provided in
subsection (6) of this section, the complainant may recover payment from the
bond of the contractor only by obtaining:
(a) A final
judgment against the contractor issued by a court of competent jurisdiction; or
(b) An
arbitration award against the contractor that a court has reduced to a final
judgment.
(6) If the
complaint is filed under ORS 701.140 (4), the complainant may recover payment
from the bond of the contractor as provided in subsection (5)(a) of this
section or by obtaining a final order issued by the Bureau of Labor and
Industries that states an amount of unpaid wages that the licensed contractor
owes under ORS 652.140 or 653.010 to 653.261.
(7) For purposes
of subsections (5) and (6) of this section, “final” means that the judgment or
order has become final by operation or law or on appeal.
(8) The board
shall send the surety on the contractor bond required under ORS 701.068 a copy
of the final judgment or bureau final order, and a copy of a determination
issued by the board that the surety must pay the amount stated by the board. A
determination issued by the board may not include payment of any attorney fees
awarded in the final judgment or bureau final order. The determination issued
by the board is an order in other than a contested case proceeding. The
determination order is not recordable under ORS 701.153 (1) and (2) to create a
lien. [1971 c.740 §16; 1979 c.874 §4; 1983 c.616 §14; 1989 c.167 §2; 1989 c.928
§17; 1991 c.181 §10; 1991 c.717 §2; 1993 c.470 §3; 1993 c.471 §1; 1995 c.771 §4;
1997 c.301 §4; 1999 c.331 §1; 1999 c.344 §5; 1999 c.402 §31; 1999 c.849 §§172,173;
2001 c.197 §§14,15; 2001 c.414 §§9a,10a; 2007 c.288 §16; 2007 c.793 §14; 2007
c.836 §66; 2011 c.630 §§46,66; 2016 c.99 §8]
Notes of Decisions
Fintel v. Oregon (In Re Fintel), 10 B.R. 50 (Bankr. D. Or. 1981).
“Nichols for the sums of $750 and $500, respectively, under ORS 701.145 — 701.150 regarding builders.”
Wilkes v. Zurlinden, 932 P.2d 584 (Or. Ct. App. 1997).
· cites it 2× “ORS 701.145(7) and (8) provide: “(7) If a court issues a judgment against a general contractor or a specialty contractor, the plaintiff shall deliver a certified copy of the judgment to the board and to the surety within 30 days of the date of entry of the judgment in order to…”
Doughty v. Birkholtz, 964 P.2d 1108 (Or. Ct. App. 1998).
“, ORS 701.145(2)(d) (allowing the board to refuse to process a claim if “[t]he board determines that the nature or complexity of the claim is such that a court is the appropriate forum for the adjudication of the claim”); see also ORS 701.”
Seaton v. Builders Bd., 564 P.2d 710 (Or. Ct. App. 1977).
· cites it 2× “” Petitioner makes three assignments of error, essentially that (1) ORS 701.145 is unconstitutional in that it deprives persons in the category of petitioner of the right to jury trial, (2) requiring petitioner to have a builder’s license in addition to his plumber’s license…”
Wilkes v. Zurlinden, 962 P.2d 569 (Or. Ct. App. 1998).
“The court held “in favor of defendants and against the plaintiff on plaintiffs claim and in favor of the plaintiff and against the defendants on their counterclaim.”
Robinson v. Builders Bd. of Oregon, 531 P.2d 752 (Or. Ct. App. 1975).
“Petitioner then proceeded with action in Washington County Circuit Court, obtained the judgment and filed it with the Board pursuant to ORS 701.145. The order the Board made on the claim was pursuant to ORS 701.”
In Re Christensen, 167 B.R. 213 (D. Or. 1994).
“ORS 701.145(6). The surety is bound by the final order.”
Stadelman v. Builders Bd., 659 P.2d 1017 (Or. Ct. App. 1983).
“After claimants had moved into the completed residence they discovered several defects; on October 30, 1980, they filed a complaint with the Board, ORS 701.145, alleging negligent and improper work and breach of contract.”
Phillips v. Gibson, 893 P.2d 574 (Or. Ct. App. 1995).
“ORS 701.145(2)(a). 4 ORS 701.140, which describes the types of claims that can be brought before the Construction Contractors Board, provides, in part: “The board shall only accept and make determination of the following types of claims: “(1) Claims against a contractor by the…”
Brown v. Buehner, 717 P.2d 662 (Or. Ct. App. 1986).
· cites it 3× “The sole contention is that OAR 812-04-050(4)(b) is invalid because it exceeds the Board’s authority under ORS 701.145(2)(a) and 701.235. Petitioners filed a claim on March 23, 1983, against Buehner, who was building a home for them, making various claims regarding faults in the…”
Peplinski v. Constr. Contractors Bd., 52 P.3d 1129 (Or. Ct. App. 2002).
· cites it 5× “ORS 701.145 provides, in part: “(3) The board shall not process a claim * * * unless the claim is filed in a timely manner as follows: “(a) If the owner of a new structure files the claim, the board must receive the claim not later than one year after the date the structure was…”
Craven v. Shuttle, 843 P.2d 500 (Or. Ct. App. 1992).
“ORS 701.145(2)(a) provides that the Board has discretion to refuse to accept or to continue processing a claim if the matter is submitted to a court and, under OAR 812-04-035 (21)(a)(A), the Board may retain jurisdiction and resume processing a claim if a breach of contract…”
— Or. Rev. Stat. § 701.145(2) — 2 cases
— Or. Rev. Stat. § 701.145(2)(a) — 4 cases
Phillips v. Gibson, 893 P.2d 574 (Or. Ct. App. 1995).
“ORS 701.145(2)(a). 4 ORS 701.140, which describes the types of claims that can be brought before the Construction Contractors Board, provides, in part: “The board shall only accept and make determination of the following types of claims: “(1) Claims against a contractor by the…”
Brown v. Buehner, 717 P.2d 662 (Or. Ct. App. 1986).
“The sole contention is that OAR 812-04-050(4)(b) is invalid because it exceeds the Board’s authority under ORS 701.145(2)(a) and 701.235. Petitioners filed a claim on March 23, 1983, against Buehner, who was building a home for them, making various claims regarding faults in the…”
Craven v. Shuttle, 843 P.2d 500 (Or. Ct. App. 1992).
“ORS 701.145(2)(a) provides that the Board has discretion to refuse to accept or to continue processing a claim if the matter is submitted to a court and, under OAR 812-04-035 (21)(a)(A), the Board may retain jurisdiction and resume processing a claim if a breach of contract…”
— Or. Rev. Stat. § 701.145(2)(d) — 1 case
Doughty v. Birkholtz, 964 P.2d 1108 (Or. Ct. App. 1998).
“, ORS 701.145(2)(d) (allowing the board to refuse to process a claim if “[t]he board determines that the nature or complexity of the claim is such that a court is the appropriate forum for the adjudication of the claim”); see also ORS 701.”
— Or. Rev. Stat. § 701.145(3)(a) — 2 cases
Peplinski v. Constr. Contractors Bd., 52 P.3d 1129 (Or. Ct. App. 2002).
“ORS 701.145 provides, in part: “(3) The board shall not process a claim * * * unless the claim is filed in a timely manner as follows: “(a) If the owner of a new structure files the claim, the board must receive the claim not later than one year after the date the structure was…”
— Or. Rev. Stat. § 701.145(3)(d) — 1 case
Peplinski v. Constr. Contractors Bd., 52 P.3d 1129 (Or. Ct. App. 2002).
“ORS 701.145 provides, in part: “(3) The board shall not process a claim * * * unless the claim is filed in a timely manner as follows: “(a) If the owner of a new structure files the claim, the board must receive the claim not later than one year after the date the structure was…”
— Or. Rev. Stat. § 701.145(4) — 1 case
— Or. Rev. Stat. § 701.145(6) — 1 case
In Re Christensen, 167 B.R. 213 (D. Or. 1994).
“ORS 701.145(6). The surety is bound by the final order.”
— Or. Rev. Stat. § 701.145(7) — 2 cases
Wilkes v. Zurlinden, 932 P.2d 584 (Or. Ct. App. 1997).
“ORS 701.145(7) and (8) provide: “(7) If a court issues a judgment against a general contractor or a specialty contractor, the plaintiff shall deliver a certified copy of the judgment to the board and to the surety within 30 days of the date of entry of the judgment in order to…”
— Or. Rev. Stat. § 701.145(8) — 1 case
Wilkes v. Zurlinden, 932 P.2d 584 (Or. Ct. App. 1997).
“ORS 701.145(7) and (8) provide: “(7) If a court issues a judgment against a general contractor or a specialty contractor, the plaintiff shall deliver a certified copy of the judgment to the board and to the surety within 30 days of the date of entry of the judgment in order to…”
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