Bill Text: OR SB205 | 2013 | Regular Session | Enrolled

Oregon Senate Bill 205 (Prior Session Legislation)

Bill Title: Relating to residential construction contract terms.

Sponsorship: Unknown

Status: (Passed) 2013-05-24 - Effective date, January 1, 2014. [SB205 Detail]

Download: Oregon-2013-SB205-Enrolled.html



     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

                            Enrolled

                         Senate Bill 205

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,
  M.D., for Construction Contractors Board)

                     CHAPTER ................

                             AN ACT

Relating to residential construction contract terms; amending ORS
  701.305.

Be It Enacted by the People of the State of Oregon:

  SECTION 1. ORS 701.305 is amended to read:
  701.305. (1) A contractor may not perform work to construct,
improve or repair a residential structure or zero-lot-line
dwelling for a property owner without a written contract if the
aggregate contract price exceeds $2,000. If the price of a
contract was initially less than $2,000, but during the course of
performance the contract exceeds that amount, the contractor
shall mail or otherwise deliver a written contract to the
property owner not later than five days after the contractor
knows or should reasonably know that the contract price will
exceed $2,000.  Failure to have a written contract will not void
the contract.
  (2) The Construction Contractors Board shall adopt rules that
require a contractor to use standard contractual terms in a
construction contract for which subsection (1) of this section
requires a written contract. The standard contractual terms shall
be clear  { - , - }  { +  and + } use words of common
understanding { + . + }   { - and shall include but need not be
limited to: - }
    { - (a) A statement that the contractor is licensed by the
board; - }
    { - (b) The name, license number, address and telephone
number of the contractor as shown on board records on the date
the contract is entered into; - }
    { - (c) An acknowledgment of a written offer of a warranty,
if an offer is required by ORS 701.320, and indication of the
acceptance or rejection of the offered warranty; - }
    { - (d) A list of the notices required under ORS 87.093 or
under rules adopted under ORS 701.330 and 701.335 (2) on the
contractor's bid proposal; and - }
    { - (e) An explanation of the property owner's rights under
the contract, including, but not limited to, the ability to file
a claim with the board and the existence of any mediation or
arbitration provision in the contract, set forth in a conspicuous
manner as defined by the board by rule. - }
Enrolled Senate Bill 205 (SB 205-INTRO)                    Page 1

                         ----------

Passed by Senate February 7, 2013

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 9, 2013

    .............................................................
                                     Tina Kotek, Speaker of House

Enrolled Senate Bill 205 (SB 205-INTRO)                    Page 2

Received by Governor:

......M.,............., 2013

Approved:

......M.,............., 2013

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2013

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 205 (SB 205-INTRO)                    Page 3