OAR 820-010-0715: Construction Contractors Offering Engineering

(1) For the purpose of this rule, the following definitions apply: (a) "Offering services" means manifesting a willingness to provide services, either orally or in writing, such that another person may reasonably believe that their assent to the services is invited and will establish an agreement. (b) "Appurtenant" services are those services that relate to the construction trade, which include constructing, altering, repairing, or improving real estate. (2) The engineer registration requirements of ORS 672.002 to 672.325 do not prevent a construction contractor from offering services constituting the practice of engineering when all of the following conditions are met: (a) The construction contractor holds an active license under ORS 701; (b) The services offered by the construction contractor, constituting the practice of engineering, are appurtenant to construction services to be provided by the contractor; (c) The services constituting the practice of engineering are performed by an engineer or engineers registered under ORS 672.002 to 672.325; and (d) The offer by the construction contractor discloses in writing that the contractor is not an engineer and identifies the registered engineer or engineers that will perform the services constituting the practice of engineering. (3) An engineer performing or identified as an engineer that will perform the services constituting the practice of engineering as provided in subsection (2) of this rule must notify the Board in writing, within thirty (30) days if, after the contractor is retained by the owner, the engineer ceases to provide engineering services identified in the offer by the construction contractor. (4) Construction contractors who violate any provision of this rule may be practicing engineering or using an engineer title in violation of ORS 672.020 and 672.045. As such, the contractor may be subject, under 672.325, to sanctions and civil penalties of up to $1,000 per violation.