Chapter 34 Oregon Laws 1999

Session Law

AN ACT

HB 2060

Relating to claims against bond of landscape contractor; amending ORS 671.710.

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

SECTION 1. ORS 671.710 is amended to read:

671.710. [(1) Claims shall be satisfied from the bond or deposit required by ORS 671.690 in the order the claims are filed with the State Landscape Contractors Board. For purposes of priority under this section:]

[(a) A claim determined by the board under ORS 671.703 is filed when the claim is first filed with and accepted by the board.]

[(b) A claim based on a determination by a court is filed when evidence of liability under a final determination by a court is filed with the board.]

[(2) If a claim filed with the board is made part of an action filed in a court before final determination of the claim by the board:]

[(a) The board shall dismiss the claim and discontinue any hearing on the claim; and]

[(b) The claim shall have priority under this section based on the time the final determination of the court is filed with the board.]

(1) Determinations by the State Landscape Contractors Board or judgments against the surety bond or deposit of a landscape contractor shall be satisfied in the priority listed in paragraphs (a) to (d) of this subsection in any 90-day period. A 90-day period shall begin on the date the first claim is filed with the board. A subsequent 90-day period shall begin on the date the first claim is filed with the board after the close of each preceding 90-day period. Within a 90-day period:

(a) Determinations and judgments as a result of claims against a landscape contractor by owners of property upon which landscaping work was performed, or was contracted to perform, shall have payment priority to the full extent of the bond or deposit over all other claims.

(b) If the total of all claims against a landscape contractor does not exhaust the bond or deposit, then amounts due as a result of all other claims filed within that 90-day period may be satisfied from the bond or deposit.

(c) If the total of all claims against a landscape contractor exceeds the amount of the bond or deposit available for such claims, the bond or deposit shall be apportioned as the board determines, subject to the priorities established under this section.

(d) If the total of all claims against a landscape contractor does not exceed the amount of the bond or deposit available for such claims, all amounts due as a result of claims filed within the 90-day period shall have priority over all claims filed after the 90-day period until the amount of the bond or deposit available for such claims is exhausted.

[(3)] (2) The bond or deposit shall not be used to satisfy claims filed more than one year following the date the work was completed.

Approved by the Governor April 16, 1999

Filed in the office of Secretary of State April 19, 1999

Effective date October 23, 1999

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