OAR 839-025-0015: Public Works Bonds Requirements

(1)(a) Except as otherwise provided in ORS 279C.836, before starting work on a contract or subcontract for a public works of $100,000 or more, a contractor or subcontractor must file with the Construction Contractors Board a public works bond with a corporate surety authorized to do business in this state in the amount of $30,000. (b) For purposes of this section, the threshold of “$100,000 or more” includes, but is not limited to, the combined value of work performed by every person paid by a contractor or subcontractor in any manner for the person’s work on the project, including work on the public works project that is performed by workers at a satellite location, but does not include the value of donated materials or work performed on the project by individuals volunteering to the public agency without pay. (2) The Commissioner of the Bureau of Labor and Industries adopts the language in the Statutory Public Works Bond set forth in Attachment A to this rule. (3) The name of the entity as it appears on the public works bond must be the same as the entity name filed at the Oregon Corporation Division (if applicable). (a) If the entity is a sole proprietorship, the bond must include the name of the sole proprietor; (b) If the entity is a partnership, or joint venture, the bond must include the names of all partners or venturers (except limited partners); (c) If the entity is a limited liability partnership, the bond must be issued in the name of all partners and in the name of the limited liability partnership; (d) If the entity is a limited partnership, the bond must be issued in the name of all general partners and in the name of the limited partnership and any other business name(s) used. Limited partners do not need to be listed on the bond; (e) If the entity is a corporation or trust, the bond must be issued showing the corporate or trust name; or (f) If the entity is a limited liability company, the bond must be issued in the name of the limited liability company. (4) If at any time an entity changes or amends its entity name, the Construction Contractors Board must be notified within 30 days of the date of the change. (5) If an entity is a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity, and changes the entity to one of the other entity types, the new entity must supply a new bond. (6) If a disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or emerging small business, certified under ORS 200.055, is found to have violated a provision of ORS 279C.800 to 279C.870 or an administrative rule adopted under ORS 279C.800 to 279C.870, the enterprise or business must file a public works bond in accordance with section (1) of this rule. (7) Riders to existing bonds changing the type of entity bonded will be construed as a cancellation of the bond and will not be otherwise accepted. (8) The inclusion or exclusion of business name(s) on a bond shall not limit the liability of an entity. Claims against a bonded entity will be processed regardless of business names used by such entity. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.]