Bill Text: OR SB206 | 2013 | Regular Session | Introduced

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Bill Title: Relating to the resolution of disputes regarding defects in residential properties.

Spectrum: Unknown

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB206 Detail]

Download: Oregon-2013-SB206-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 698

                         Senate Bill 206

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)

                             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.

  Provides that construction contractor afforded opportunity to
have complaint regarding residential defect mediated by
Construction Contractors Board is not entitled to additional
notice and opportunity to correct defect prior to owner
compelling arbitration or commencing court action.

                        A BILL FOR AN ACT
Relating to the resolution of disputes regarding defects in
  residential properties; creating new provisions; and amending
  ORS 701.600.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 701.600 is amended to read:
  701.600. ORS 701.560 to 701.595 and 701.605 do not apply:
  (1) To personal injury or death claims.
  (2) To claims or complaints filed pursuant to ORS 671.695 or
701.139.
  (3) To claims against a person   { - licensed - }  { +
registered + } under ORS 671.010 to 671.220.
  (4) To complaints filed in a small claims department
established in a justice court or circuit court as described in
ORS 55.011.
  (5) To counterclaims or other responses to a contractor,
subcontractor or supplier claim, arbitration demand or complaint
that arises out of, or is related to, a contract for the
construction, alteration or repair of a residence or a system,
component or material incorporated into a residence.
   { +  (6) To an arbitration or court action regarding a claim
arising out of or related to a defect if:
  (a) The owner has filed a complaint described under ORS 701.139
(1) against the same party alleging the same claim that is the
subject of the arbitration or court action; and
  (b) The party that was the subject of the complaint described
under ORS 701.139 (1) was afforded an opportunity for mediation
of the complaint under ORS 701.145. + }
  SECTION 2.  { + The amendments to ORS 701.600 by section 1 of
this 2013 Act apply to petitions to compel arbitration filed on

or after the effective date of this 2013 Act and to court actions
filed on or after the effective date of this 2013 Act. + }
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