2021 Oregon Revised Statutes
Chapter 279C - Public Contracting - Public Improvements and Related Contracts
Section 279C.515 - Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints.


(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

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.105 - Contracts for architectural, engineering, photogrammetric mapping, transportation planning or land surveying and related services; procedures.

Section 279C.107 - Public disclosure of contents of proposals for architectural, engineering, photogrammetric mapping, transportation planning or land surveying services; treatment of trade secrets and confidential information.

Section 279C.110 - Selection procedures for consultants to provide services; use of pricing proposals; compensation; protests; applicability; rules.

Section 279C.115 - Direct contracts for services of consultants.

Section 279C.120 - Selection procedure for related services.

Section 279C.125 - Architectural, engineering, photogrammetric mapping, transportation planning and land surveying services selection process for local public improvements procured through state agency; rules.

Section 279C.305 - Least-cost policy for public improvements; requirement to file list of planned projects and estimated costs and to identify projects contracting agency intends to complete with own personnel and resources; required analysis; except...

Section 279C.306 - Administrative enforcement of least-cost policy for public improvements; procedure; civil action.

Section 279C.307 - Limitations in procurement of personal services; exceptions; procedure for obtaining exception from appropriate authority; basis for approving exception.

Section 279C.308 - Community benefit contract; permitted provisions; required contents of solicitation; powers and duties of contracting agency and local contract review board; rules.

Section 279C.315 - Waiver of damages for unreasonable delay by contracting agency against public policy.

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.375 - Award and execution of contract; determination of responsibility of bidder; bonds; impermissible exclusions.

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.405 - Requests for information, interest or qualifications; requirements for requests for proposals.

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.450 - Appeal procedure for decision to deny, revoke or revise prequalification; hearing; costs; judicial review.

Section 279C.460 - Action by or on behalf of adversely affected bidder or proposer; exception for personal services contract.

Section 279C.465 - Action against successful bidder; amount of damages; when action to be commenced; defenses.

Section 279C.470 - Compensation for contractor on contract declared void by court; exceptions; applicability.

Section 279C.505 - Conditions concerning payment, contributions, liens, withholding, drug testing.

Section 279C.510 - Demolition contracts to require material salvage; lawn and landscape maintenance contracts to require composting or mulching.

Section 279C.515 - Conditions concerning payment of claims by public officers, payment to persons furnishing labor or materials and complaints.

Section 279C.520 - Condition concerning hours of labor; compliance with pay equity provisions; employee discussions of rate of pay or benefits.

Section 279C.525 - Provisions concerning environmental and natural resources laws; remedies.

Section 279C.527 - Inclusion of amount for green energy technology or woody biomass energy technology in public improvement contract; written determination of appropriateness; conditions, exemptions and limitations; rules.

Section 279C.528 - State Department of Energy requirements and specifications; record keeping requirements; rules.

Section 279C.530 - Condition concerning payment for medical care and providing workers’ compensation.

Section 279C.533 - Condition concerning employment of apprentices to perform percentage of work hours that workers in apprenticeable occupations perform on public improvements.

Section 279C.534 - Advisory committee for monitoring implementation of apprenticeship condition in public improvement contracts.

Section 279C.537 - Condition concerning use of diesel engines in motor vehicles used in performing certain public improvement contracts; rules.

Section 279C.540 - Maximum hours of labor on public contracts; holidays; exceptions; liability to workers; rules.

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.570 - Prompt payment policy; progress payments; retainage; interest; exception; settlement of compensation disputes.

Section 279C.580 - Contractor’s relations with subcontractors.

Section 279C.585 - Authority to substitute undisclosed first-tier subcontractor; circumstances; rules.

Section 279C.590 - Complaint process for substitutions of subcontractors; civil penalties.

Section 279C.600 - Right of action on payment bond or public works bond of contractor or subcontractor; notice of claim.

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.805 - Policy.

Section 279C.807 - Workforce diversity for public works projects.

Section 279C.810 - Exemptions; rules.

Section 279C.815 - Determination of prevailing wage; sources of information; comparison of state and federal prevailing wage; other powers of commissioner.

Section 279C.817 - Determination of applicability of prevailing wage rate; time limitation; hearing; rules.

Section 279C.820 - Advisory committee to assist commissioner.

Section 279C.825 - Fees; rules.

Section 279C.827 - Division of public works project; applicability of prevailing wage rate to divided projects.

Section 279C.830 - Provisions concerning prevailing rate of wage in specifications, contracts and subcontracts; applicability of prevailing wage; bond.

Section 279C.836 - Public works bond; rules.

Section 279C.838 - Applicability of state and federal rates of wage; determination of site of project; determination of applicability of wage to transportation workers; waiver.

Section 279C.840 - Payment of prevailing rate of wage; posting of rates and fringe benefit plan provisions.

Section 279C.845 - Certified statements regarding payment of prevailing rates of wage; retainage.

Section 279C.850 - Inspection to determine whether prevailing rate of wage being paid; civil action for failure to pay prevailing rate of wage or overtime.

Section 279C.855 - Liability for violations.

Section 279C.860 - Ineligibility for public works contracts for failure to pay or post notice of prevailing rates of wage; certified payroll reports to commissioner.

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.