74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2107
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Governor Theodore R.
Kulongoski for Construction Contractors Board)
CHAPTER ................
AN ACT
Relating to construction contractor obligations.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 701. + }
SECTION 2. { + (1) As used in this section, 'judgment' means:
(a) A judgment issued in a court action; or
(b) A court order that confirms an arbitration award.
(2) A contractor shall send the Construction Contractors Board
a copy of a final judgment entered by a circuit court of this
state, or by an equivalent court in another state, if the
judgment orders the contractor to pay damages that arise from a
breach of contract or from negligent or improper work and that
relate to the construction or proposed construction of a
residential structure. The contractor shall cause the copy of the
final judgment to be delivered to the board no later than 45 days
after the final judgment is recorded.
(3) Notwithstanding subsection (2) of this section, a
contractor is not required to send the board a copy of a final
judgment if:
(a) The contractor paid the damages and other amounts payable
by the contractor under the judgment no later than 30 days after
recording of the judgment; or
(b) The contractor is appealing the judgment and has filed any
undertaking on appeal required by ORS 19.300.
(4) In determining whether to impose a disciplinary sanction
under this chapter, the board shall give due consideration to any
past or current attempts by the contractor to make payments
toward satisfaction of a judgment. + }
SECTION 3. { + Section 2 of this 2007 Act applies to final
judgments recorded before, on or after the effective date of this
2007 Act. However, for a final judgment recorded before the
effective date of this 2007 Act, a contractor must send the
Construction Contractors Board a copy of the judgment only if, 30
days after the effective date of this 2007 Act, the contractor
has not paid the damages and other amounts payable and the
judgment is not on appeal as described in section 2 of this 2007
Act. Notwithstanding section 2 of this 2007 Act, if a contractor
must send the board notice of a final judgment recorded before
the effective date of this 2007 Act, the contractor shall cause
Enrolled House Bill 2107 (HB 2107-B) Page 1
the notice to be delivered to the board no later than 45 days
after the effective date of this 2007 Act. + }
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Passed by House March 21, 2007
Repassed by House June 5, 2007
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Chief Clerk of House
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Speaker of House
Passed by Senate June 1, 2007
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President of Senate
Enrolled House Bill 2107 (HB 2107-B) Page 2
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
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Governor
Filed in Office of Secretary of State:
......M.,............., 2007
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Secretary of State
Enrolled House Bill 2107 (HB 2107-B) Page 3