Or. Admin. Code § 137-049-0890 - Contracting Agency Payment for Unpaid Labor or Supplies

(1) Contract incomplete. If the Contract is still in force, the Contracting Agency may, in accordance with ORS 279C.515(1), pay a valid claim to the Person furnishing the labor or services, and charge the amount against payments due or to become due to the Contractor under the Contract. If a Contracting Agency chooses to make such a payment as provided in 279C.515(1), the Contractor and the Contractor's surety shall not be relieved from liability for unpaid claims.

(2) Contract completed. If the Contract has been completed and all funds disbursed to the prime Contractor, all claims shall be referred to the Contractor's surety for resolution. The Contracting Agency shall not make payments to subcontractors or suppliers for Work already paid for by the Contracting Agency.

Notes

Or. Admin. Code § 137-049-0890

DOJ 11-2004, f. 9-1-04, cert. ef. 3-1-05

Stat. Auth.: ORS 279A.065

Stats. Implemented: ORS 279C.515