OAR 808-002-0020: Minimum Standards for Written Contracts and Billings

(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) Except as provided in subsection (3), written landscaping contracts and subcontracts shall include, but not be limited to, the following: (a) Landscape contracting business name, license number, business address, mailing address if different from the physical 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 is being provided, a statement that no guarantee is being provided; (h) Signatures of the authorized business representative and consumer; (i) Statement that the business is licensed by the Oregon State Landscape Contractors Board (Board) and the current address and phone number of the Board; (j) If subcontractors will be used for the performance of any of the landscaping work, the contract must include a statement notifying the consumer subcontractors may be used to perform portions of the landscaping work; (k) If the contract contains an arbitration clause or binding arbitration clause, the contract must include language explaining that if the consumer signs the contract, the consumer may be waiving their right to access the Board’s claims process and may not have access to the landscape contracting business’s bond; (L) Pursuant to ORS 671.627 and SB 865 (2025), Chapter 181 , a Notice of Right to Cancel Contract must be included as an attachment to the contract when first presented to a consumer. Both the contract and the Notice of Right to Cancel Contract must bear the signatures of the consumer and an authorized business representative before the three-business-day right to cancel time period commences. The Notice of Right to Cancel Contract must be on the form provided by the Board. The Notice of Right to Cancel Contract will explain that a consumer who signs a written contract with a landscape contracting business may, within three business days after the date of signing, cancel the contract in writing unless: (A) The consumer agrees in writing that the landscape work may begin before the three-business-day right to cancel period expires; or (B) The consumer agrees to an amendment of the terms or conditions of the contract after the three-business day cancellation period has already expired; (m) As used in subsection (L) of this rule three business days means three consecutive business days, excluding Saturdays, Sundays, and holidays. For example, if the day the contract and the Notice of Right to Cancel Contract are signed by the consumer is a Friday, then three business days after the execution of the contract and Notice of Right to Cancel Contract would run through midnight on the following Wednesday. However, if the consumer who signed on a Friday waives the three-business day right to cancel, then the landscape contracting business may order materials and start work any day between, and including, the Friday signing day and the following Wednesday; and (n) Effective January 2, 2024, the landscape contracting business must, in addition to the provision of a physical address for receipt of written correspondence, identify a form of electronic communication such as facsimile, email, or text messaging for use by the consumer unless, the landscape contracting business does not use electronic communication, such as facsimile, email or text messaging, for the conduct of its landscape contracting business. The consumer may send a written cancellation of the contract to the landscape contracting business, as required in subsection (L) of this rule and ORS 671.627 , using first class mail, certified mail, hand delivery, or the written form of electronic communication identified by the landscape contracting business in the contract. (3) Written landscaping contracts or subcontracts with another contractor licensed with the Board or with the Construction Contractors Board must 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 is being provided, a statement that no guarantee is being provided; (h) Signatures of the authorized business representative for both the other contractor and the landscape contracting business. (i) Notification of the date the landscape contracting business signed the contract with the consumer and the date the three-day business period for consumer cancellation will have expired. (4) Changes or amendments to landscaping contracts and subcontracts must identify the scope of the change or amendment, must demonstrate that the change or amendment is agreed to by both parties, and be in writing. Changes or amendments to the landscape contract and subcontracts may be in the form of facsimile, email, or text messaging. (5) All billings by a licensed landscape contracting business shall include the following: (a) Name, address (and mailing address if different from the physical business 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.