Homeowner's Guide to the Oregon Construction Contractors Board
Resolving Construction Disputes in Oregon: A Guide to the Construction Contractors Board
As a homeowner in Oregon, you may encounter disputes with contractors during construction or renovation projects. When these disagreements arise, the Oregon Construction Contractors Board (CCB) can be a valuable resource for resolving issues in an efficient and cost-effective manner. In this article, we will discuss what the CCB is, when you can utilize its benefits, the CCB process, and what you can expect if you decide to go through the CCB to resolve a dispute.
1) What is the CCB?
The CCB is a state agency in Oregon responsible for regulating the construction industry and protecting consumers. It mandates that construction contractors meet specific standards, such as having the necessary experience, passing exams, and carrying liability insurance. The CCB currently oversees licensing for over 42,000 contractors in Oregon.
2) When can someone use the CCB?
If you have a dispute with a contractor related to construction or renovation work, you may be able to file a complaint with the CCB. To qualify, your complaint must meet certain criteria:
For new structures: The complaint must be received within one year from the date the structure was first occupied or within two years of substantial completion, whichever is earlier.
For existing structures: The complaint must be received within one year after the date the work was substantially completed.
Before filing a complaint, you must send a notice to the contractor by certified mail at least 30 days prior, informing them of your intent to file a complaint with the CCB. This notice gives both parties a final opportunity to settle the matter before proceeding with a formal complaint.
3) What is the process of the CCB?
If you are unable to reach a resolution with the contractor, you can file a complaint with the CCB. A Dispute Analyst from the CCB will review the complaint to ensure the agency has jurisdiction. If the complaint is accepted, the Analyst will assign the file for mediation.
The CCB will schedule an on-site mediation where both parties can meet at the location of the dispute. The contractor is encouraged to attend, as failure to do so may result in their license being suspended.
During the mediation, a trained CCB mediator will help the parties find a mutually agreeable resolution. The mediator may guide the parties towards one of the following settlement options:
The contractor corrects or completes the construction work
The contractor pays an agreed-upon amount of money and performs no more work
The contractor performs part of the work, and a monetary agreement is reached
4) What can someone expect if they go through the CCB?
When preparing for a CCB mediation, gather all relevant documents, such as the original contract, change orders, and invoices. The mediator will also call for relevant witnesses from each side to provide a firsthand explanation of the situation. While the mediator can offer recommendations for corrective work, they cannot provide legal guidance or advocate for a specific party. It is generally recommended that parties attend the mediation without counsel.
CCB mediations have a high success rate, with about 70% of disputes being resolved during mediation. If a settlement is not reached, you must take the matter to court to keep the complaint open with the CCB. For damages less than $10,000, you can file a claim in Small Claims Court, where lawyers have a limited role. For damages above $10,000, you may pursue a lawsuit in Civil Court, which is more formal and expensive.
Concluding Thoughts
The CCB is an effective resource for Oregon homeowners facing disputes with contractors. By providing a structured process for resolving issues, the CCB offers an efficient alternative to traditional litigation. The on-site mediation allows both parties to present their arguments and evidence, with the goal of reaching a mutually beneficial settlement.
If you find yourself in a dispute with a contractor, remember to follow the CCB's complaint filing requirements and prepare thoroughly for the mediation. By understanding the CCB process and what to expect, you can effectively navigate the dispute resolution process and work towards a satisfactory outcome.
While the CCB is a valuable tool, it's essential to keep in mind that not all disputes may be resolved through mediation. In such cases, you may need to pursue legal action in Small Claims or Civil Court. However, even if a settlement is not reached during the CCB mediation, the process can help establish the facts of the case and provide a foundation for future legal proceedings.
The CCB is a first step to resolving disputes with contractors. By utilizing this resource, you can potentially save time, money, and stress while working towards a fair resolution.