Oregon Statutes 701.139 – Complaint validity; applicable resolution processes
The Construction Contractors Board may determine the validity of a complaint described in ORS § 701.140 filed against a licensed contractor. A person must file the complaint within the applicable time limitation described in ORS § 701.143. The complaint must be filed and resolved as follows:
Terms Used In Oregon Statutes 701.139
- Board: means the Construction Contractors Board. See Oregon Statutes 701.005
- Commercial contractor: means a licensed contractor that holds an endorsement as a:
(a) Commercial general contractor level 1;
(b) Commercial specialty contractor level 1;
(c) Commercial general contractor level 2;
(d) Commercial specialty contractor level 2; or
(e) Commercial developer. 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
- Large commercial structure: means a structure that is not a residential structure or small commercial structure. See Oregon Statutes 701.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Residential contractor: means a licensed contractor that holds an endorsement as a:
(a) Residential general contractor;
(b) Residential specialty contractor;
(c) Residential limited contractor;
(d) Residential developer;
(e) Residential locksmith services contractor;
(f) Residential restoration contractor;
(g) Home inspector services contractor;
(h) Home services contractor; or
(i) Home energy performance score contractor. See Oregon Statutes 701.005
(1) A complaint against a residential contractor that is not also endorsed as a commercial contractor involving work on a residential or small commercial structure must be resolved as provided in ORS § 701.145.
(2) A complaint against a commercial contractor that is not also endorsed as a residential contractor involving work on a small commercial or large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS § 701.146.
(3) A complaint against a contractor that is endorsed as both a residential contractor and a commercial contractor:
(a) Involving work on a residential structure must be resolved as provided under ORS § 701.145.
(b) Involving work on a small commercial structure may be resolved as provided in ORS § 701.145 or 701.146, at the complainant’s election.
(c) Involving work on a large commercial structure or an appurtenance to a large commercial structure must be resolved as provided in ORS § 701.146. [2001 c.197 § 3; 2001 c.414 § 5a; 2007 c.793 § 11; 2007 c.836 § 64; 2009 c.225 § 2; 2011 c.170 § 2; 2011 c.630 44,64; 2016 c.99 § 6]