Oregon Statutes 701.410 – Definitions
(1) As used in ORS § 279C.555, 279C.570, 701.410, 701.420, 701.430, 701.435 and 701.440:
Terms Used In Oregon Statutes 701.410
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) ‘Construction’ means:
(A) Excavating, landscaping, demolishing and detaching existing structures, leveling, filling in and otherwise preparing land for the making and placement of a building, structure or superstructure;
(B) Creating or making a building, structure or superstructure; and
(C) Altering, partially constructing and doing repairs in and upon a building, structure or superstructure.
(b) ‘Contractor’ means a person that contracts with an owner on predetermined terms to be responsible for performing all or part of a job of construction in accordance with established specifications or plans, and that retains control of the means, method and manner of accomplishing the desired result.
(c) ‘Owner’ means a person that is or claims to be the owner in fee or a lesser estate of the land, building, structure or superstructure on which construction is performed and that enters into an agreement with a contractor for the construction.
(d) ‘Subcontractor’ means a person that contracts with a contractor or another subcontractor on predetermined terms to be responsible for performing all or part of a job of construction in accordance with established specifications or plans.
(2) As used in ORS § 701.410, 701.420, 701.430, 701.435 and 701.440, ‘retainage’ means the difference between the amount a contractor or subcontractor earns under a construction contract and the amount the owner pays on the contract to the contractor, the amount the contractor pays on the contract to the subcontractor or the amount the subcontractor pays on the contract to another subcontractor. [1975 c.772 § 1; 1987 c.158 § 148; 1999 c.59 § 209; 2003 c.794 § 319; 2005 c.22 480,481; 2010 c.77 § 7]
701.410 to 701.440 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS Chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.