Or. Admin. Code § 812-002-0740

Current through Register Vol. 63, No. 12, December 1, 2024

Section 812-002-0740 - Substantial Completion

(1) For purposes of ORS 701.143, "Substantial completion" occurs when a person in the position of the owner would reasonably conclude that the contractor had fulfilled its obligations under the contract and that final payment was due.

(2) In the absence of evidence to the contrary, the agency may find that substantial completion occurred at the time of the first occurring of any of the following events: final inspection is completed, certificate of occupancy is issued, the structure or portion of structure is in a habitable or usable condition, or most or all of payment is made if all of the payment was not advanced before work was complete.

(3) Work under a warranty provision of a contract or repair to already completed work does not extend the date of substantial completion, except that removal and replacement of completed work may extend the date of substantial completion to the date the replacement work was substantially complete for purposes of a complaint arising from the replacement work only.

Or. Admin. Code § 812-002-0740

CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-2001, f. & cert. ef. 4-6-01; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10

Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.143