Or. Admin. R. 839-025-0015 - Public Works Bonds Requirements
(1) Pursuant to ORS
279C.836, except as provided,
before starting work on a contract or subcontract for a public works project 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. For purposes of this section,
"project 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, 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 Appendix 5.
(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, business
that a service-disabled veteran owns 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.
Notes
Appendices referenced are available from the Wage and Hour Division of the Bureau of Labor and Industries.
Statutory/Other Authority: ORS 279C.808 & ORS 651.060(4)
Statutes/Other Implemented: ORS 279C.800 - 279C.870 & OL Ch. 334 (2017)
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