Section 701.610
[2013 c.300 §5a; renumbered 701.501 in 2015]
Section 701.620 – Definitions for ORS 701.620 to 701.640.
As used in ORS 701.620 to 701.640: (1) “Construction contract” means a written or oral construction agreement, including all drawings, specifications and addenda relating to: (a) Excavating, landscaping, demolishing and detaching existing structures, leveling, filling in and other preparation of land for the making and placement of a building, structure or superstructure; (b) Creation or […]
Section 701.625 – Progress payments; notice requirements; nonapproval of billing or estimate; withholding; final payment.
(1) If a construction contract is for construction work that is expected to take 60 or more days to complete, an owner shall make progress payments to the original contractor. By mutual agreement with an original contractor, an owner may make progress payments to the original contractor under a construction contract for which the construction […]
Section 701.630 – Payments to subcontractors and material suppliers; failure to pay; omission of payment.
(1) An original contractor, subcontractor or material supplier that performs in accordance with a construction contract is entitled to payment from the party with whom the original contractor, subcontractor or material supplier contracts. (2)(a) If a subcontractor has performed in accordance with a construction contract, and the original contractor receives payment from the owner for […]
Section 701.635 – Suspension of performance.
(1) An original contractor may suspend performance under a construction contract, or if performance is suspended for longer than one month may terminate a construction contract, if the owner fails to make timely payment of the amount certified under ORS 701.625. An original contractor shall provide written notice to an owner at least seven days […]
Section 701.640 – Prohibition against contrary provisions, covenants or clauses.
(1) A construction contract may not include any provision, covenant or clause that: (a) Makes the construction contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the construction contract to be conducted in another state; or (b) States that a party to the […]
Section 701.645 – Contracts and housing not subject to ORS 701.620 to 701.640.
ORS 701.620 to 701.640 do not apply to: (1) A contract for the construction, alteration, repair, maintenance, moving or demolition of a building that is subject to the Low-Rise Residential Dwelling Code; (2) A public contract under ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C; or (3) Housing in which all or […]
Section 701.560 – Definitions for ORS 701.560 to 701.595 and 701.605.
As used in ORS 701.560 to 701.595 and 701.605: (1) “Contractor” means a person that performed services for the construction, alteration or repair of a residence. (2) “Defect” means a deficiency, an inadequacy or an insufficiency arising out of or relating to the construction, alteration or repair of a residence. “Defect” includes a deficiency, an […]
Section 701.900
[1989 c.928 §31; 1999 c.402 §40; renumbered 701.002 in 2001]
Section 701.565 – Notice of defect requirement; contents; mailing.
(1) Except as provided in ORS 701.600, an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a […]