claim must be submitted on a Statement of Claim form provided by the agency.
The agency may require the use of the most recent revision of the Statement of
The claimant must
provide the following information with the Statement of claim, if applicable:
(a) The name, address, and telephone number
of the claimant;
(b) The name,
address, telephone number and license number of the landscaping
(c) The amount, if known
at the time the Statement of Claim is filed, that the claimant alleges is due
from the landscaping business after crediting payments, offsets, and
counterclaims in favor of the landscaping business to which the claimant
Identification of the
type of claim as defined in OAR 808-002-0220
(e) The date on which the contract was
(f) If the contract
was in writing, a copy of the contract with attached material invoices, time
sheets, or other relevant attached documents;
(g) Job site address with driving directions
to the job site;
(h) The beginning
and ending date of the work or invoices;
(i) Payments, offsets, and counterclaims of
the landscaping business, if known, to which the claimant does not
(j) A certification by the
claimant that the Statement of Claim is true;
(k) A copy of any court judgment or
arbitration award, including the original complaint and any answers or
counter-suits related to the work that is the subject of the claim;
(l) Additional information
required under sections (3) through (8) of this rule.
(3) A claim by a subcontractor shall include
a copy of each original invoice relating to the claim.
(4) An employee claim shall include copies of
time cards or other evidence of the amount of compensation claimed.
(5) A material supplier or equipment claim
shall include a copy of each original invoice relating to the claim and a
recapitulation of the indebtedness showing the job site address, the date of
each invoice, each invoice number, and each invoice amount. Claimant shall
include documentation that claim is a minimum of 60 days old and two attempts
to collect have been made.
claim involving negligent or improper work shall include a list of the alleged
negligent or improper work.
claim involving a breach of contract shall describe the nature of the breach of
A construction lien
claim must include evidence that the claimant paid the landscape contracting
business as required in OAR 808-004-0530
(1)(a), a copy of the notice of right
to lien, a copy of the lien bearing the county recorder's stamp and signature,
a copy of each invoice or billing constituting the basis of the lien, a copy of
the ledger sheet or other accounting of invoices from the lienor, if applicable
and any foreclosure documents.
The Statement of Claim form must be signed by the claimant or an agent of the
A Statement of
Claim that does not comply with the requirements of this rule is subject to OAR
Or. Admin. R.
LC 3, f. & ef. 2-7-77;
LC 1-1981, f. & ef. 10-8-81; LC 1-1984, f. & ef. 7-17-84; Renumbered
from 808-010-0040; LCB 1-1988, f. 1-26-88, cert. ef. 2-1-88; LSCB 2-1997, f.
& cert. ef. 11-3-97; LCB 1-2000, f. & cert. ef. 2-1-00; Renumbered from
808-004-0010; LCB 4-2002, f. & cert. ef. 12-4-02; LCB 5-2003, f. &
cert. ef. 8-1-03; LCB 3-2006, f. & cert. ef. 8-2-06; LCB 4-2007, f.
12-19-07, cert. ef. 1-1-08; LCB 6-2007, f. 12-24-07, cert. ef.
Stat. Auth.: ORS 183,
Stats. Implemented: ORS