ORS 701.595: Failure to follow notice of defect procedure.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
If an owner compels arbitration or commences a court action against any contractor, subcontractor or supplier to assert a claim arising out of or related to the construction, alteration or repair of a residence located in this state and the owner has not followed the procedure set forth in ORS 701.565 and 701.575, the arbitrator or court must dismiss the arbitration or action without prejudice. The owner may not commence a new arbitration or action unless the owner follows the procedure set forth in ORS 701.565 and 701.575. [2003 c.660 §8]
Official history and status
History: Note: See note under 701.560.
This rule cites
- ORS 701.565 — resolved
- 701.575 — resolved
Cited by
- ORS 94.662: Notice to owners of intent to commence legal proceedings; owner right to opt out; meeting required prior to construction defect claim; meeting notices.
- ORS 100.490: Notice to unit owners of intent to commence legal proceedings; unit owner right to opt out; meeting required prior to construction defect claim; meeting notices.
- ORS 701.330: Consumer notice form; notice of procedure form; rules.
- ORS 701.560: Definitions for ORS 701.560 to 701.595 and 701.605.
- ORS 701.600: Nonapplicability of ORS 701.560 to 701.595 and 701.605.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors701.html