Or. Admin. Code § 808-002-0280

Current through Register Vol. 63, No. 10, October 1, 2024

Section 808-002-0280 - Date Work Completed

(1) Except as provided in subsection (4) of this rule, the phrase "Date Work Completed" means:

(a) The date when all the provisions of the contract were substantially fulfilled, excluding warranty work; or

(b) The date the landscape contracting business ceased work, if the landscape contracting business fails to substantially fulfill the provisions of the contract.

(2) The phrase "date work completed" includes the passing of any and all final inspections required by the local building department as to work for which the landscape contracting business:

(a) is required by OAR 808-003-0126(1) to obtain any permit;

(b) has entered into a verbal or written contract to pull required permits; or,

(c) is required by local ordinance to pull all required permits.

(3) If a permit was required to be pulled by the landscape contracting business, or the landscape contracting business failed to confirm in writing that necessary permits were obtained by the property owner or general contractor, and any prior inspections were unsuccessful - meaning another final inspection is still required - then the work will not be considered substantially complete.

(4) If no landscape work was performed under the contract, then the phrase "date work completed" refers to whichever of the following events occurred last:

(a) the date that payment under the terms of the contract was made;

(b) the date that a written or verbal proposal, which was later accepted as a contract, was made; or

(c) the contract date.

(5) Upon the effective date of the 2023 rule amendments, the provisions of this rule will apply to:

(a) all claims that remain open at the Board, and

(b) all claims received after the effective date of the 2023 rule amendments.

(6) The 2023 amendments to this rule will not apply to claims cases closed prior to the effective date of this rule.

Or. Admin. Code § 808-002-0280

LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LC 2-1984, f. & ef. 10-2-84; LC 1-1985, f. & ef. 7-1-85; LC 1-1986, f. & ef. 1-3-86; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; Renumbered from 808-010-0010; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 3-1992(Temp), f. & cert. ef. 7-16-92; LCB 1-1993, f. & cert. ef. 1-19-93; LCB 4-1993, f. & cert. ef. 11-1-93; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-1998, f. & cert. ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; Renumbered by LCB 3-1999 f. & cert. ef. 11-17-99; Sunset on 09-28-2017; LC 3, f. & ef. 2-7-77; LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; LC 2-1984, f. & ef. 10-2-84; LC 1-1985, f. & ef. 7-1-85; LC 1-1986, f. & ef. 1-3-86; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88, Renumbered from 808-010-0010; LCB 1-1991, f. & cert. ef. 7-22-91; LCB 3-1991(Temp), f. & cert. ef. 12-3-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 3-1992(Temp), f. & cert. ef. 7-16-92; Reverted to LCB 2-1992, f. 7-14-92, cert. ef. 7-15-92; LCB 1-1993, f. & cert. ef. 1-19-93; LCB 4-1993, f. & cert. ef. 11-1-93; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-1998, f. & cert. ef. 2-6-98; LCB 3-1998(Temp), f. & cert. ef. 11-16-98 thru 5-15-99; LCB 1-1999, f. & cert. ef. 2-11-99; LCB 3-1999, f. & cert. ef. 11-17-99, Renumbered from 808-002-0010; LCB 1-2000, f. & cert. ef. 2-1-00; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 6-2022, amend filed 09/23/2022, effective 10/1/2022; LCB 5-2023, amend filed 04/21/2023, effective 4/21/2023; LCB 9-2024, minor correction filed 08/09/2024, effective 8/9/2024

Statutory/Other Authority: ORS 183.325 - 183.410, ORS 670.310 & ORS 671.670

Statutes/Other Implemented: ORS 671.710