Oregon Statutes 701.180 – Alternative mediation or arbitration process; waiver and compliance
Notwithstanding the provisions of ORS § 36.600 to 36.740, any other provision of law or any contractual provision, failure of a contractor to initiate mediation or arbitration proceedings within 30 days after notification by the Construction Contractors Board of a complaint under ORS § 701.145 is a waiver by the contractor of any contractual right to a mediation or arbitration process in lieu of mediation by the board under ORS § 701.145. If the parties do not resolve or settle the dispute pursuant to board mediation under ORS § 701.145, unless otherwise provided by law regarding a dispute described under ORS § 652.140 or 653.010 to 653.261, the complainant must comply with any contractual provision for mediation or arbitration of the dispute as a condition for obtaining the judgment required under ORS § 701.145 (5). [Subsection (1) enacted as 1989 c.430 § 5; subsection (2) enacted as 1989 c.928 § 21; 1991 c.67 § 187; 1991 c.181 § 12; 2001 c.197 § 17; 2001 c.414 § 11; 2003 c.598 § 52; 2007 c.793 § 21; 2011 c.630 51,71; 2016 c.99 § 13]
Terms Used In Oregon Statutes 701.180
- Board: means the Construction Contractors Board. See Oregon Statutes 701.005
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contractor: means any of the following:
(a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005
CONSTRUCTION CONTRACTORS BOARD