OAR 812-002-0140: Complaint

“Complaint,” as used in OAR chapter 812, means a complaint filed and processed under ORS 701.131–701.180. Complaints are classified by type as follows: (1) “Construction lien complaint” is a complaint filed by an owner against a primary contractor to discharge or to recoup funds expended in discharging a construction lien filed by an employee, supplier or subcontractor because the primary contractor did not pay the employee, supplier or subcontractor. (2) “Employee complaint” is a complaint for unpaid wages or benefits filed by an employee of a licensee or by the State of Oregon Bureau of Labor and Industries to collect unpaid wages from a licensee for work done by the employee relating to the licensee’s operation as a contractor under ORS Chapter 701. (3) “Employee trust complaint” is a complaint for unpaid payments for employee benefits filed by a trustee with authority to manage and control a fund that receives the employee benefit payments. (4) “Material complaint” is a complaint filed by a supplier who has not been paid for materials sold to a licensee to be used and installed in a specific structure located within the boundaries of the State of Oregon, or for the rental of equipment to a licensee to be used in the performance of the work of a contractor in connection with such a structure. (5) “Owner complaint” is a complaint filed by an owner for breach of contract, or for negligent or improper work subject to ORS Chapter 701, or a construction lien complaint. (6) “Primary contractor complaint” is a complaint by a primary contractor against a licensed subcontractor. (7) “Subcontractor complaint” is a complaint filed by a subcontractor arising out of a contract between the subcontractor and a primary contractor for unpaid labor or materials furnished under the contract.