The
CCB:
A Friend
to Oregon Property Owners
By Jonathan Norling
My wife and I
recently did what we told ourselves numerous times we would never
do again: we hired an unlicensed contractor. While we knew the risks
involved in hiring this guy, he was available, he talked a good game,
and, best of all, he was cheap.
Well, we got burned
again. Early in the job, certain indicators revealed that the guy
was not the “experienced carpenter” he claimed to be. First,
he couldn’t figure out the plans. Second, he neglected to take
important measurements on several occasions. The final straw was when
he ruined $1,500 worth of decking material; this led to him walking
off the job mere seconds before being fired. This story supports the
old adage “you get what you pay for.” Fortunately, we had
not paid the idiot prior to his departure. But, we’re out the
$1,500 with no real recourse other than filing a complaint in small
claims court.
If our contractor
were licensed with the Oregon Construction Contractors Board (CCB),
the story would be different. When you hire a licensed contractor,
there are several things that put your mind at ease. First, you can
be confident that the individual has some minimal knowledge of construction
practices. To be licensed, a contractor must take a 16-hour course
and pass a test. Second, should things go bad, you have the ability
to recover your losses from the contractor’s bond. All licensed
contractors are required to be bonded, and this bond can be used to
cover a breach of contract, damage, or other costs caused by a contractor’s
poor performance. Last, the ability of a person to bring a CCB complaint
against a contractor helps to serve as assurance that the contractor
will do a decent job.
The CCB is a state
agency created by statute to administer the licensing of people who
work as contractors in Oregon. It serves three primary functions.
First, it is the body through which contractors become licensed and
receive a coveted “CCB Number.” Second, it serves as a forum
for resolving disputes between licensees and those who hired them,
as well as some disputes between contractors and subcontractors. Third,
it serves as a clearinghouse for public information regarding construction
liens and other laws designed to protect both individuals and contractors.
The CCB is comprised
of nine members. Three of the nine board members must be licensed
contractors who primarily work on residential structures; one of these
must be engaged in the business of remodeling. Two of the members
must be general contractors who primarily work on nonresidential structures.
One must be a specialty contractor who primarily works on nonresidential
structures or who is a limited contractor. Two must be public members
(to represent consumers) and one must be an elected representative
of a local government agency. The governor appoints all board members.
Their terms of office are for four years, but a member can be re-appointed
to a second term.
The CCB requires
that in order to be licensed, a contractor must take 16 hours worth
of classes and pass a test designed to demonstrate that the contractor
understands both construction fundamentals and building codes. In
addition, a contractor must obtain both insurance and a bond. The
insurance covers damage caused by a contractor’s actions and
the bond is available to cover damages due to the contractor’s
negligence or failure to perform adequately. A contractor must maintain
certain bonding and insurance requirements and renew his or her license
periodically.
The CCB also helps
to resolve disputes between those upset with a contractor’s performance
(or lack thereof) and the contractor. A person who has a claim against
a licensed contractor may submit a complaint form to the CCB, along
with all supporting documents, such as a contract, work order, etc.
The CCB will review the complaint, conduct a site visit, and determine
the appropriate sanction. Filing a complaint with the CCB is also
the first step to recovering from a contractor’s bond; a bond
can be used to pay for uncompleted work or improper performance only
after the CCB has ruled on the matter.
The third function
of the CCB is to serve as an information source for property owners
regarding contractors, licensing requirements, and construction liens.
A wealth of information is available on the CCB website, www.ccb.state.or.us,
including information about issues pending before the CCB, construction
liens, licensing requirements, as well as complaint forms and forms
for becoming a licensed contractor. For more information, contact
the CCB in Salem, Oregon at (503) 378-4621.
If we had hired
a licensed contractor, we would have been assured of a general level
of competency and would have had the ability to recover some of our
losses. Instead, our only recourse for a job gone terribly wrong is
in small claims court to seek a judgment against someone who likely
has no assets. For you, it is not too late: do yourself a favor and
hire a licensed contractor. Although you may pay a little more and
have to wait a little longer, you’ll thank yourself in the end.
Jonathan Norling
is a partner in the Portland law firm of Nelson Lovinger Norling Kaufmann
LLP, where he handles construction-related matters, including representing
parties before the CCB. He can be reached at norling@nlnk.com. |
