Oregon Administrative Rules|Section 808-002-0020 - Minimum Standards for Written Contracts and Billings

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) Contracts. Pursuant to ORS 671.625(2) a contract for landscaping work for which the business charges $2,000 or more for a landscape job must be in writing. For the purpose of this rule, "landscape job," has the same meaning it does under OAR 808-002-0495.
 
(2) Written landscaping contracts and subcontracts with a homeowner or an agent of the homeowner shall include, but not be limited to, the following: 
(a) Landscape contracting business name, license number, business address and telephone number;
 
(b) Consumer's name and address;
 
(c) Address or location of work to be performed if different from the consumer's address;
 
(d) General description of the work to be performed and materials to be installed;
 
(e) Estimated time for completion or estimated completion date;
 
(f) Price and payment schedule;
 
(g) Description of guarantee; if no guarantee such a statement shall be included;
 
(h) Signatures of the authorized business representative and consumer;
 
(i) Statement that the business is licensed by the State Landscape Contractors Board and the current address and phone number of the board.
 
(j) Effective January 1, 2012: If subcontractors will be used for the performance of landscaping work, the contract must include a statement notifying the consumer that there will be subcontractors used to perform landscaping work.
 
(k) Effective July 1, 2018: If the contract contains an arbitration clause or binding arbitration clause, the contract must include language explaining that if the consumer signs the contract, they may be waiving their right to access the Landscape Contractors Board claims process and may not have access to the landscape contracting business' bond.
 
 
(3) Written landscaping contracts or subcontracts with another contractor licensed with the Landscape Contractors Board or the Construction Contractors Board shall include, but not be limited to, the following:
(a) Landscape contracting business name;
 
(b) Other contractor's name;
 
(c) Address or location of work to be performed;
 
(d) General description of the work to be performed;
 
(e) Estimated completion date or statement regarding schedule of work;
 
(f) Price and, if payments are to be made, a payment schedule;
 
(g) Description of guarantee; if no guarantee such a statement shall be included; and
 
(h) Signatures of the authorized business representative for both the other contractor and the landscape contracting business.
 
 
(4) Changes or amendments to landscaping contracts and subcontracts shall identify the scope of the change or amendment, be agreed to by both parties, and be in writing.
 
(5) All billings by a licensed landscape contracting business shall include the following: 
(a) Name, address and telephone number of the licensed landscape contracting business;
 
(b) Name and address of the consumer;
 
(c) Total contract price and amount paid to date;
 
(d) The amount now due and the work performed for the amount due.
 
 
Or. Admin. R. 808-002-0020
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 808-020-0010 & 808-020-0020; LCB 1-1991, f. & cert. ef. 7-22-91; LSCB 2-1995, f. 8-8-95, cert. ef. 8-15-95; LCB 1-2000, f. & cert. ef. 2-1-00; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 7-2010, f. & cert. ef. 10-25-10; LCB 8-2010(Temp), f. 10-25-10, cert. ef. 10-26-10 thru 4-24-11; LCB 1-2011(Temp), f. 1-27-11, cert. ef. 1-28-11 thru 7-27-11; LCB 6-2011, f. & cert. ef. 6-17-11; LCB 11-2011, f. 12-29-11, cert. ef. 1-1-12; LCB 9-2012, f. & cert. ef. 12-4-12; LCB 9-2015, f. 12-22-15, cert. ef. 1-1-16; LCB 5-2018, amend filed 03/27/2018, effective 4/1/2018
Statutory/Other Authority: ORS 183, 671.670 & 670.310
 
Statutes/Other Implemented: ORS 671.625
This section was updated on 4/28/2018 by overlay.