Bill Text: OR SB154 | 2011 | Regular Session | Introduced
Bill Title: Relating to claims against construction contractors.
Spectrum: Unknown
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB154 Detail]
Download: Oregon-2011-SB154-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 626
Senate Bill 154
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Construction Contractors Board)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Increases threshold amount of claims for which Construction
Contractors Board may adopt rule making contested case proceeding
unavailable.
A BILL FOR AN ACT
Relating to claims against construction contractors; amending ORS
701.148.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 701.148 is amended to read:
701.148. (1) Subject to subsection (4) of this section, if the
resolution of a complaint under ORS 701.145 requires a hearing,
the Construction Contractors Board may require that the hearing
be conducted as a binding arbitration under rules adopted by the
board under subsection (3) of this section. This subsection does
not authorize the board to require binding arbitration of a
complaint that is subject to ORS 701.146.
(2) The board may use mediation or arbitration to resolve a
construction dispute between any parties who agree to follow the
rules of the board, other than a dispute involving work on a
large commercial structure.
(3) Except as provided in this subsection, rules adopted by the
board to regulate arbitration under subsections (1) and (2) of
this section must substantially conform with the provisions of
ORS 36.600, 36.610 to 36.630, 36.635 (2), 36.640, 36.645 (2),
36.650 to 36.680, 36.685 (1) and 36.690 to 36.740. The rules may:
(a) Require that a hearing under ORS 183.413 to 183.470 be
conducted for issues for which a petition could be filed under
ORS 36.615, 36.620, 36.625 and 36.640;
(b) Limit orders and awards made by the arbitrator as necessary
to comply with this chapter;
(c) Require that a request that an arbitrator modify or correct
an award under ORS 36.690 be submitted in a form specified by the
rule;
(d) Require that a petition under ORS 36.705 (2) or 36.710 (1)
be filed in a shorter period of time than provided by ORS 36.705
and 36.710; and
(e) Include any other provision necessary to conform the
arbitration to this chapter.
(4) A party to a complaint that is subject to a board order of
binding arbitration under subsection (1) of this section may
avoid the arbitration if the party requests to have the complaint
resolved through a contested case hearing or files a court
action. A party making a hearing request or filing a court
action under this subsection is subject to the following
provisions:
(a) If the party requests to have a complaint resolved through
a contested case hearing, the party must, within the time
specified in paragraph (c) of this subsection, deliver the
request in writing to the board and to all parties entitled by
board rule to receive a copy of the request.
(b) If the party files a court action, the party must, within
the time specified in paragraph (c) of this subsection, deliver a
copy of the party's court pleading to the board and to all
persons entitled by board rule to receive a copy of the pleading.
If the party filing the court action is the complainant to the
board, the complainant must plead all facts and issues of the
board complaint in the court action. If the court action is filed
by the contractor against whom a board complaint is alleged, the
court action must be an action for damages, an action for
declaratory judgment or another action that allows the board
complainant to file a response pleading all facts and issues of
the board complaint. The board complainant has the burden of
proving the elements of the board complaint in a court action
described in this paragraph.
(c) A party that is subject to paragraph (a) or (b) of this
subsection must deliver the contested case hearing request or the
copy of the party's court pleading to the board as described in
paragraphs (a) and (b) of this subsection no later than the 30th
day after the board sends notice that an arbitration hearing has
been scheduled. Failure to timely deliver a request or court
pleading under this paragraph constitutes consent to the binding
arbitration.
(d) If a party makes a timely request under paragraph (a) of
this subsection for a contested case hearing and another party
timely files a court action and complies with paragraph (b) of
this subsection, the filing of the court action supersedes the
request for a contested case hearing.
(e) A party may not withdraw a request made in compliance with
paragraph (a) of this subsection unless all parties agree to the
withdrawal.
(f) The board may adopt a rule that a contested case hearing
for a complaint seeking less than { - $1,000 - } { +
$5,000 + } is not available under this subsection.
(g) The provisions of paragraph (b) of this subsection are in
addition to any other requirements imposed by law regarding the
filing of a court action.
(5) The board may refuse to accept a dispute for mediation or
arbitration under subsection (1) or (2) of this section if the
board determines that the nature or complexity of the dispute is
such that a court or other forum is more appropriate for
resolution of the dispute.
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