Chapter 701
NOTES OF DECISIONS
This
is a remedial statute made for the protection of the building business and of
people dealing with builders who might be irresponsible; it should be read as a
whole and liberally construed to accomplish its purpose. Robinson v. Builders
Bd., 20 Or App 340, 531 P2d 752 (1975)
ATTY. GEN. OPINIONS: Lack of authority
for director to appoint executive secretary for board, (1971) Vol 35, p 930; inapplicability of this chapter to business
of construction or installation of fences, sidewalks, septic tanks, wells and
underground sprinkling systems, (1972) Vol 35, p
1278; mobile home as personal or real property under this chapter, (1972) Vol 36, p 41; application of Homebuilders Law to mobile
homes, (1978) Vol 38, p 693
701.005
NOTES OF DECISIONS
Neither
“structure” nor “residence” is vague. Thoren v.
Builders Bd., 21 Or App 148, 533 P2d 1388 (1975)
Property
owner developing property with intent to sell qualifies under definition of “contractor”
as person constructing building “for another.” Tandem Properties, LLC v.
Construction Contractors Board, 184 Or App 28, 55 P3d 541 (2002), Sup Ct review
denied
ATTY. GEN. OPINIONS: Mobile home as
personal or real property under this chapter, (1972) Vol
36, p 41; local registration requirements of a “specialty builder,” (1976) Vol 38, p 100; construing “appurtenance,” (1976) Vol 38, p 264
701.010
NOTES OF DECISIONS
Exemption
of builders whose work on structures is of less than threshold value is not an
arbitrary classification. Thoren v. Builders Bd., 21
Or App 148, 533 P2d 1388 (1975)
Property
owner developing structure with intent to sell, not for occupancy by owner, is
person acting in independent business for compensation. Tandem Properties, LLC
v. Construction Contractors Board, 184 Or App 28, 55 P3d 541 (2002), Sup Ct review
denied
ATTY. GEN. OPINIONS: Mobile home as
personal or real property under this chapter, (1972) Vol
36, p 41
701.035
NOTES OF DECISIONS
To
be employee, person must both engage to furnish services for remuneration and
be under direction and control of employer. Independent Contractors v.
Construction Contractors Bd., 135 Or App 556, 899 P2d 1216 (1995)
Work
is of nature described in [former] ORS 701.055 and ORS 701.060 if work requires
license from Construction Contractors Board. Randall v. Ocean View Construction
Co., 196 Or App 153, 100 P3d 1088 (2004)
701.065
See
annotations under ORS 701.131.
701.068
(formerly
701.085)
NOTES OF DECISIONS
A
claim against the bond was valid for the full amount of a judgment, including
attorney fees and costs, against the builder for breach of a contract that
included installation of appliances and landscaping. Robinson v. Builders Bd.,
20 Or App 340, 531 P2d 752 (1975)
ATTY. GEN. OPINIONS: Registration requirements
for persons not engaged in construction of items not physically attached to the
residential structure, (1975) Vol 37, p 676
701.080
See
annotations under ORS 701.117.
701.085
See
annotations under ORS 701.068.
701.117
(formerly
701.080)
NOTES OF DECISIONS
Where
petitioner’s registration with Builders Board had expired he no longer had duty
to notify board of address change and notice of hearing provided pursuant to
this section which did not reach petitioner was not “reasonable” under ORS 183.415.
Marsh v. Builders Board, 54 Or App 242, 634 P2d 803 (1981)
701.131
(formerly
701.065)
NOTES OF DECISIONS
Since
this section uses word “maintain” in reference to action for compensation, it
applied to bar action by unregistered builder who entered into building
contract, performed work and filed his complaint prior to date this section
became effective. Kolodejchuk v. Lucier,
52 Or App 981, 630 P2d 889 (1981)
A
trust deed used as a purchase-money mortgage was not a contract subject to
registration requirements of this section and action by plaintiffs to foreclose
trust deed on home originally constructed by them with intent that it be their
residence was not thereby barred. Wills v. Harris, 57 Or App 712, 646 P2d 39
(1982), Sup Ct review denied
Plaintiff,
who was not registered with Builder’s Board is not barred from bringing action
for breach of franchise agreement because that is not type of contract action
legislature intended to bar by language of this section. MacLean &
Associates v. American Guaranty Life, 85 Or App 284, 736 P2d 586 (1987), Sup Ct
review denied
Failure
of plaintiff to meet contractor registration requirement is not jurisdictional
defect. Beckwith v. Frazey, 86 Or App 236, 738 P2d
1003 (1987), Sup Ct review denied; Mount Hood Community College v.
Federal Insurance Co., 199 Or App 146, 111 P3d 752 (2005)
Registration
in incorrect contracting specialty subcategory created by board rule does not
disqualify contractor from maintaining suit. Edwards v. Perry, 130 Or App 165,
880 P2d 507 (1994)
For
purposes of continuous registration requirement, “the work” refers to services
performed by contractor during entire project, not just services performed
during nonregistration period. Parthenon Construction
and Design, Inc. v. Neuman, 166 Or App 172, 999 P2d
1169 (2000)
Continuous
registration requirement does not incorporate principle of substantial
compliance. Parthenon Construction and Design, Inc. v. Neuman,
166 Or App 172, 999 P2d 1169 (2000)
Where
contractor relies on agency representation that license is unnecessary, denying
remedy based on lack of license constitutes “substantial injustice.” Splinters,
Inc. v. Andersen/Weitz, 192 Or App 632, 87 P3d 689
(2004), Sup Ct review denied
701.145
NOTES OF DECISIONS
In
sale of new houses by builder-vendors there exists an applied warranty that
house is constructed in reasonably workmanlike manner and is fit for
habitation. Yepsen v. Burgess, 269 Or 635, 525 P2d
1019 (1974)
Discretion
of Construction Contractors Board to continue processing claim while claim on
same fact or issue is pending in court terminates once court has finally
adjudicated claim. Fong v. Windwood Construction,
Inc., 163 Or App 130, 986 P2d 1257 (1999)
701.150
LAW REVIEW CITATIONS: 39 WLR 779 (2003)
701.205
ATTY. GEN. OPINIONS: Lack of authority
for director to appoint executive secretary for board, (1971) Vol 35, p 930
701.235
ATTY. GEN. OPINIONS: Authority of the
Builders Board to prohibit by regulation the advertisement by registered
builders that they are bonded, insured, or certified, (1973) Vol 36, p 592
701.410 to 701.440
ATTY. GEN. OPINIONS: Operative date of
the Act concerning contracts and subcontracts, (1975) Vol
37, p 812; constitutionality of the provisions, (1976) Vol
38, p 472
701.410
ATTY. GEN. OPINIONS: Constitutionality
of the Act, (1976) Vol 37, p 1269