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Dispute Resolution Services (DRS)
Change to DRS Program 7/1/2011
Beginning July 1, 2011 the Construction Contractors Board (CCB) Dispute Resolution Services (DRS) program will make significant changes to its program. 
 
For complaints filed on and after July 1, 2011, DRS will provide only mediation services. If the parties do not settle the complaint, the complainant must go to court and obtain a court judgment before DRS can send it to the contractor's surety for payment.
 
Complaints filed on or before June 30, 2011, will be processed in accordance to the rules that were in place at the time of filing.
 
This change is made necessary by the recent sharp slowdown in construction that resulted in a significant drop in the number of licensed contractors and the fees paid to the CCB.
 
To adjust to this drop in revenue, the legislature made significant cutbacks in the CCB's budget for the DRS program. This reduced budget recently was signed into law by the Governor.
 
 

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DRS Program Updates
The CCB has created "list serve" to distribute information about Oregon's Dispute Resolution Service Transition program. Subscribers to "list serve" are provided e-mail updates when information is posted.
 
(1) Subscribe via the web
 
If you would like to subscribe via the web, follow the directions on this link:
http://listsmart.osl.state.or.us/mailman/listinfo/drsservicetransition.  You will be sent e-mail requesting confirmation, to prevent others from subscribing you.
 
(2) Subscribe by e-mail
 
Or, you may subscribe by e-mail. Send a message to:
drsservicetransition-request@listsmart.osl.state.or.us In the body of the message, state: subscribe
 

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What is DRS?
CCB Dispute Resolution Services (DRS) assists consumers, contractors and others in resolving their disputes.
 
The CCB receives many complaints each month. A complaint may be filed by:
  • A property owner alleging breach of contract, negligent or improper work
  • An employee alleging nonpayment of wages
  • A supplier alleging nonpayment for materials
  • One contractor against another, for breach of contract, negligent or improper work, or nonpayment
Each complaint is processed by a dispute analyst. In many cases, an investigation takes place. A field investigator reviews conditions and attempts to help the parties reach a compromise settlement of their dispute. More often than not, the parties agree to a settlement that resolves the complaint.
 
Sometimes the parties cannot or will not agree to a settlement. In those cases the CCB investigator will observe the alleged defective work items and prepare a report giving observations of the work and whether or not it meets industry standards.
 
If the parties do not enter into a settlement or if the contractor breaches the settlement agreement, the dispute analyst will instruct the complainant to file the matter in court and give the complainant information about the requirements that are needed by the CCB to maintain access to the contractor’s surety bond.
 
If the complainant receives a judgment in its favor and has followed the instructions from the dispute analyst, the dispute analyst will issue a determination of the amount the bond company is liable to pay.
 
If either party disagrees with the determination of the analyst, they may file with the civil court to appeal that decision.  

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Time Limit for Filing with CCB
The laws giving the CCB jurisdiction to process complaints also limit the time to file a complaint. Unfortunately, the law does not allow the CCB to process a complaint that is not timely. There are no exceptions to this law. This applies even if you notified the contractor of the problem within the required time or you were not aware of the problem. If we do not receive your complaint in our office within the required time, we cannot process your complaint or help you resolve the problem.

 
The CCB publication Resolving Disputes with Your Contractor offers specific information about the time limit for filing each type of complaint.
 
Resolving Disputes With Your Contractor

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Resolving Contractor Disputes
The CCB publication Resolving Disputes with Your Contractor offers information about the DRS process.
 
Resolving Disputes With Your Contractor


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Pre-Complaint Notice Info
Before you file a complaint you must send a written notice to the contractor that the complaint will be filed against. The following is important information to know about the notice.
  • Must be sent by certified mail 30 or more calendar days before filing the complaint
  • Only needs to state the complainant intends to file a complaint with the CCB
  • Must be sent to the contractor at the address listed in the CCB’s records. Check the CCB web site or call the CCB office for this address.
  • If the notice is mailed less than 45 calendar days before the time limit for filing a complaint runs out, the time limit is extended 60 calendar days from the date the notice was mailed.
 
When the complaint is filed, copies of the notice and the mailing receipt must be attached to the Statement of Complaint. If you mail the pre-complaint notice to the address of record and it is returned as undeliverable or refused, it is still considered delivered. Please keep the returned document as proof of delivery.
 
There are time limits for filing a complaint. If the pre-complaint notice is given less than 45 calendar days before the time limit for filing the complaint runs out, the time limit is extended to a date 60 calendar days after the notice is mailed. Complainants are advised not to file a complaint too close to the expiration of the time limit.  
 
To use the CCB sample pre-complaint notice, click here.

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Complaint Processing Fee
Depending on the type of complaint you file and whether the CCB has jurisdiction over the complaint, you may need to pay a processing fee of $50. A dispute analyst will review your complaint. If you are required to pay a processing fee, the dispute analyst will request it from you.
 
If the complaint is not in our jurisdiction or if you file the complaint using the commercial complaint procedure, you do not usually need to pay any fee.
  • No fee is due when the complaint is filed. The Oregon Construction Contractors Board (CCB) will only request the fee after it reviews the filing and determines it has jurisdiction
  • After the CCB determines that it has jurisdiction over the complaint, the CCB will request the complainant pay a fee of $50.00
  • No fee is charged for complaints involving commercial structures that must be filed in court under the procedure for large commercial claims in ORS 701.146   
 

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DRS Complaint Forms
Before Filing a Complaint
The CCB recommends reviewing the CCB publication Resolving Disputes with Your Contractor. This publication gives necessary information about the DRS process. 
 
You may download and save the following complaint forms to your computer. When you open the form, you will be able to fill it in, print it and mail the completed form to the CCB. To open, click on the appropriate form.

Complaint Forms
Help and Instruction Booklet
    Resolving Disputes with Your Contractor  

 
Complaint Forms
    Homeowner Complaint Form
    Prime Contractor Complaint Form
    Subcontractor Complaint Form
    Material Supplier Complaint Form
    Employee Complaint Form

 
 
Pre-Complaint Notice
You may generate a printable pre-complaint notice that you can mail to your contractor.  This notice provides the minimum notice required by the statute.  You may want to prepare your own notice if you want to include additional information, such as a list of defects alleged by you.  
 
Sample Pre-complaint Notice
 
 

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DRS Frequently Asked Questions
Click here for answers to frequently asked questions about filing a DRS complaint.

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