(2) Every public improvement contract must contain a clause or condition that, if the contractor or a first-tier subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract within 30 days after receiving payment from the contracting agency or a contractor, the contractor or first-tier subcontractor owes the person the amount due plus interest charges that begin at the end of the 10-day period within which payment is due under ORS 279C.580 (4) and that end upon final payment, unless payment is subject to a good faith dispute as defined in ORS 279C.580. The rate of interest on the amount due is nine percent per annum. The amount of interest may not be waived.
(3) Every public improvement contract and every contract related to the public improvement contract must contain a clause or condition that, if the contractor or a subcontractor fails, neglects or refuses to pay a person that provides labor or materials in connection with the public improvement contract, the person may file a complaint with the Construction Contractors Board, unless payment is subject to a good faith dispute as defined in ORS 279C.580.
(4) Paying a claim in the manner authorized in this section does not relieve the contractor or the contractor’s surety from obligation with respect to an unpaid claim. [2003 c.794 §140; 2005 c.103 §28; 2012 c.4 §1]
Structure 2021 Oregon Revised Statutes
Volume : 07 - Public Facilities and Finance
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.100 - Definitions for ORS 279C.100 to 279C.125.
Section 279C.115 - Direct contracts for services of consultants.
Section 279C.120 - Selection procedure for related services.
Section 279C.320 - Contracts for construction other than public improvements.
Section 279C.330 - "Findings" defined.
Section 279C.332 - Definitions for ORS 279A.065, 279C.307, 279C.335, 279C.337 and 279C.380.
Section 279C.335 - Competitive bidding requirement; exceptions; exemptions.
Section 279C.337 - Procurement of constructions manager/general contractor services.
Section 279C.345 - Specifications for contracts; exemptions.
Section 279C.350 - Exemption procedure; appeal.
Section 279C.355 - Evaluation of public improvement projects not contracted by competitive bidding.
Section 279C.360 - Requirement for public improvement advertisements.
Section 279C.365 - Requirements for solicitation documents and bids and proposals.
Section 279C.370 - First-tier subcontractor disclosure.
Section 279C.380 - Performance bond; payment bond; waiver of bonds.
Section 279C.385 - Return or retention of bid security.
Section 279C.390 - Exemption of contracts from bid security and bonds.
Section 279C.400 - Competitive proposals; procedure.
Section 279C.410 - Receipt of proposals; evaluation and award.
Section 279C.412 - Competitive quotes for intermediate procurements.
Section 279C.414 - Requirements for competitive quotes.
Section 279C.430 - Prequalification of bidders; rules.
Section 279C.440 - Disqualification from consideration for award of contracts.
Section 279C.445 - Appeal of disqualification.
Section 279C.505 - Conditions concerning payment, contributions, liens, withholding, drug testing.
Section 279C.525 - Provisions concerning environmental and natural resources laws; remedies.
Section 279C.545 - Time limitation on claim for overtime; posting of circular by contractor.
Section 279C.560 - Form of retainage; procedures for holding and payment.
Section 279C.580 - Contractor’s relations with subcontractors.
Section 279C.590 - Complaint process for substitutions of subcontractors; civil penalties.
Section 279C.605 - Notice of claim.
Section 279C.610 - Action on contractor’s public works bond or payment bond; time limitation.
Section 279C.625 - Joint liability when payment bond not executed.
Section 279C.660 - Compensation when contract terminated due to public interest.
Section 279C.800 - Definitions for ORS 279C.800 to 279C.870.
Section 279C.807 - Workforce diversity for public works projects.
Section 279C.810 - Exemptions; rules.
Section 279C.820 - Advisory committee to assist commissioner.
Section 279C.825 - Fees; rules.
Section 279C.836 - Public works bond; rules.
Section 279C.845 - Certified statements regarding payment of prevailing rates of wage; retainage.
Section 279C.855 - Liability for violations.
Section 279C.865 - Civil penalties.
Section 279C.870 - Civil action to enforce payment of prevailing rates of wage.
Section 279C.875 - Criminal liability for intentional failure to pay prevailing wage; rules.