Current through Register Vol. 63, No. 9, September 1, 2024
(1) A claim
must be of a type described under ORS
671.690(2) &
(3), OAR
808-002-0220 and ORS
671.695.
(2) A claim may be accepted for negligent or
improper work for the following activities performed or contracted to be
performed on or after January 1, 2012:
(a)
Backflow assembly testing services provided by employees of the landscape
contracting business who are certified under ORS
448.279; and
(b) The installation, repair or maintenance
by the landscape contracting business of backflow assemblies for irrigation
systems and ornamental water features as described in ORS
447.060; and
(c) The installation by the landscape
contracting business of landscape irrigation control wiring and outdoor
landscape lighting as described in ORS
479.940.
(3) The agency will only process a claim that
is filed within the following time limitations:
(a) State tax and contribution claims must be
filed within one year of the due date of the tax or contribution.
(b) Labor, material and equipment claims must
be filed within one year of the delivery date of the labor, material or
equipment.
(c) Negligent or
improper work claims must be filed within one year following the date the work
was completed.
(d) Breach of
contract claims must be filed within one year of the contract date or the last
date of work on the project, whichever is later.
(4)
(a) A
claim will be processed only against a licensed landscape contracting
business.
(b) For a State tax and
contribution claim, the landscape contracting business against which the claim
is filed will be considered licensed if the tax and contribution liability
arose while the business was licensed.
(c) For a material claim, the landscape
contracting business against which the claim is filed will be considered
licensed if one or more invoices involve material delivered while the
landscaping business was actively licensed. Damages will be awarded only for
material delivered within the period of time that the landscape contracting
business was actively licensed.
(d)
For any other claim, the landscape contracting business against which the claim
is filed will be considered licensed if the landscape contracting business was
actively licensed during all or part of the work period.
(5) A labor, material and equipment claim,
negligent or improper work claim or breach of contract claim will be accepted
only when one or more of the following relationships exist between the claimant
and the licensed landscape contracting business:
(a) A direct contractual relationship based
on a contract entered into by the claimant and the landscape contracting
business, or their agents; or
(b)
An employment relationship or assigned relationship arising from a Bureau of
Labor and Industries employee claim.
(6) A claim by a person furnishing material,
or renting or supplying equipment to a landscape contracting business may not
include a claim for non-payment for tools sold to a landscape contracting
business, for equipment sold to the landscape contracting business that is not
incorporated into the job site, for interest or service charges on an account
or for materials purchased as stock items.
(7) Claims will be accepted only for work
performed within the boundaries of the State of Oregon or for materials or
equipment supplied or rented for installation or use on property located within
the boundaries of the State of Oregon.
(8)
(a)
Except as provided in subsection (b) of this section, the agency may refuse to
accept a claim or any portion of a claim that includes an allegation of a
breach of contract, negligent or improper work or any other act or omission
within the scope of ORS
671.510 to
671.710 that is the same as an
allegation contained in a claim previously filed by the same claimant against
the same landscape contracting business.
(b) The agency may accept a claim that would
otherwise be refused under subsection (a) of this section if the previously
filed claim was:
(A) Withdrawn prior to the
on-site meeting.
(B) Dismissed with
an explicit provision allowing the subsequent filing of a claim containing the
same allegations as the dismissed claim.
(c) Nothing in this section extends the time
limitation for filing a claim under ORS
671.710.
Stat. Auth.: ORS 183,
670.310 &
671.670
Stats. Implemented: ORS
671.690,
671.695,
671.703 & 2011 OL Ch.
104
