74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2112
 
LC 765/HB 2112-2
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2112
 
               By COMMITTEE ON CONSUMER PROTECTION
 
                             May 11
 
  On page 1 of the printed bill, line 2, after 'contractors '
insert a period and delete the rest of the line.
  Delete lines 4 through 28 and delete page 2 and insert:
  '  { +  SECTION 1. + }  { + Sections 2 to 5 of this 2007 Act
are added to and made a part of ORS chapter 701. + }
  '  { +  SECTION 2. + }  { + As used in sections 3 to 5 of this
2007 Act, ' zero-lot-line dwelling' means a single-family
dwelling unit constructed in a group of attached units in which:
  ' (1) Each attached unit extends from foundation to roof with
open space on two sides; and
  ' (2) Each dwelling unit is separated by a property line. + }
  '  { +  SECTION 3. + }  { + A contractor that constructs a new
residential structure or zero-lot-line dwelling shall offer to
the property owner a written warranty against defects in
materials and workmanship for the structure or dwelling. A
property owner may accept or refuse the offer of a warranty by
the contractor. + }
  '  { +  SECTION 4. + }  { + (1) A contractor that constructs a
new residential structure or zero-lot-line dwelling shall provide
a recommended maintenance schedule to the property owner.
  ' (2) The Construction Contractors Board shall develop the
minimum information that a contractor shall provide to a property
owner under subsection (1) of this section. The minimum
information shall include, but need not be limited to, the
following:
  ' (a) Definitions and descriptions of moisture intrusion and
water damage.
  ' (b) An explanation of how moisture intrusion and water damage
can occur.
  ' (c) Advice on how to recognize the signs of water damage.
  ' (d) Appropriate steps to take when water damage is
discovered.
  ' (3) The board shall make the information developed under this
section available without charge to contractors that construct
new residential structures or zero-lot-line dwellings. + }
  '  { +  SECTION 5. + }  { + (1) The Construction Contractors
Board shall adopt rules that require a contractor to use standard
contractual terms in construction contracts for which ORS 701.055
requires a written contract. The standard contractual terms shall
be clear, use words of common understanding and shall include,
but need not be limited to:
  ' (a) An acknowledgement of a written warranty offer, if an
offer is required by section 3 of this 2007 Act, and indication
of the acceptance or rejection of the warranty offer;
  ' (b) A summary on the contractor's bid proposal of the notices
required under ORS 87.093 or under rules adopted under 701.055
(13);
  ' (c) Acknowledgement of the receipt of the information
required by the board under section 4 of this 2007 Act;
 
  ' (d) 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; and
  ' (e) Notice of the construction defect notice procedure under
ORS 701.560 to 701.595, set forth in a conspicuous manner as
defined by the board by rule.
  ' (2) A property owner who enters into a written contract for
the construction, improvement or repair of a residential
structure or zero-lot-line dwelling may cancel the contract by
delivery of a written notice of cancellation anytime prior to
midnight at the end of the next business day. The notice of
cancellation may be delivered in any written form or by any means
that can readily be converted to written form, including, but not
limited to, facsimile, electronic mail and regular mail, that
sufficiently states the intention of the property owner to cancel
the contract.
  ' (3) Subsection (2) of this section does not allow a property
owner to cancel a contract:
  ' (a) If both parties agree that work is to begin before the
cancellation period has expired; or
  ' (b) After a contractor substantially begins the construction,
improvement or repair. + }
  '  { +  SECTION 6. + }  { + Sections 2 to 5 of this 2007 Act
apply to new residential structure or zero-lot-line dwelling
sales that close on or after July 1, 2008. + } ' .
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