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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 701.565 – 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 […]

Section 701.580 – Offer by contractor, subcontractor or supplier; effect of accepting offer; nonperformance; compelling arbitration or commencing court action; admissibility of response or reply.

(1) An owner may accept an offer contained in a written response under ORS 701.570 by delivering a written acceptance to the offering contractor, subcontractor or supplier within 30 days after receiving the offer. If an owner fails to accept an offer within 30 days after receipt, the offer is deemed rejected. (2) If the […]

Section 701.585 – Effect of notice of defect on time for commencing court action.

(1) If an owner sends a contractor, subcontractor or supplier a notice of defect within the time allowed for the owner to commence a court action against that contractor, subcontractor or supplier for a claim described in ORS 701.565, the time for the owner to commence the action shall be extended, notwithstanding any statute of […]

Section 701.595 – Failure to follow notice of defect procedure.

If an owner compels arbitration or commences a court action against any contractor, subcontractor or supplier to assert a claim arising out of or related to the construction, alteration or repair of a residence located in this state and the owner has not followed the procedure set forth in ORS 701.565 and 701.575, the arbitrator […]

Section 701.600 – Nonapplicability of ORS 701.560 to 701.595 and 701.605.

ORS 701.560 to 701.595 and 701.605 do not apply: (1) To personal injury or death claims. (2) To claims or complaints filed pursuant to ORS 671.695 or 701.139. (3) To claims against a person registered under ORS 671.010 to 671.220. (4) To complaints filed in a small claims department established in a justice court or […]