Fill and Sign the Owner Contractor Affidavit Waiver Ampamp Indemnity Agreement Key Title Form

FRAMING CONTRACT THIS FRAMING CONTRACT (“Contract”), effective as of the date of the last party to sign below, is between , having an address at ("Contractor") and , having an address at ("Owner"). For valuable consideration the parties hereby agree as follows:1. LIST OF DOCUMENTS TO BE INCORPORATED INTO THIS CONTRACT:1.Oregon Construction Contractors Board Recommended Contract Addendum to Satisfy Contract Terms Requirement- OAR 812-012-01102.Consumer Protection Notice3.Notice of Right to a Lien4.Information Notice to Owner About Construction Liens5.Maintenance Information and Schedule6.Notice of Procedure7.Notice of Compliance with the Homebuyer Protection Act (HPA) 2. SCOPE OF WORK: Framing shall be to the plans including all details. Floor joist layout shall be as best to avoid plumbing for tubs and toilets. Framing includes the installation of sill plates; rim joists; floor joists; sub flooring; plates; exterior and interior walls; ceiling joists; headers; rafters; roof sheathing; sub fascia and fascia; bridging; joist hangers; rough framing materials for stair jacks, treads and risers; collar ties; other attic bracing materials; roof overhang and soffit; rake boards; steel and/or wood girders; columns and posts; sill sealer under the sill plates; sheathing and siding the exterior walls; siding corners; interior and exterior decorative beams and posts; exterior moldings; drip edge/Z -bar (including trim materials over z-bar); windows; exterior doors (excepting the garage door); frame and case garage door as needed; back-out garage door as needed; ventilation materials; termite shield; furring blocks on concrete walls; bracing; stiffbacks; backing blocks; nailing blocks; shimming windows and doors; caulking and gluing continuous as needed; set all finish nails; insulation behind tubs located on exterior walls; drywall behind tubs as required; box in vent areas; box in heat runs as required; framing for future recessed fixtures; kitchen and bathroom cabinet drops; fire stopping as required; deck posts; deck girders; deck floor joists and flooring; deck handrail and seating; deck stair jacks, treads and risers; and ? . Contractor, who is licensed by the Oregon Construction Contractors Board, shall return all excess material and damaged materials. Contractor shall call for inspections of the work as required.Fra m in g M ate ria ls :S il l I n su la tio n: T erm ite S hie ld : B rid gin g M ate ria l: Jo is t H an gers : S ub F lo o r M ate ria l: S iz e: G lu e: U nd erla y m en t M ate ria l: S iz e: G lu e: W all S heath in g M ate ria l: S iz e: C orn er B ra ce M ate ria l: W all S id in g M ate ria l: S iz e: R oo f S heath in g M ate ria l: S iz e: F li tc h P la te M ate ria l/S iz e: B olts : N ails -F ra m in g M em bers : S id in g: W in dow s: E xte rio r T rim : E xte rio r D oors : Use M ate ria l T yp e Siz eS p acin gG rea te st S pan Each S iz e S il l P la te N/A N/A Box Sill/Rim Joist N/A N/A 1st Floor-Floor Joists 2nd Floor-Floor Joists Ceiling Joists Rafters/Roof Trusses Exterior Studs Interior Studs Top & Bottom Plates N/A N/A Headers, Windows & Doors N/A Headers, Garage Door N/A Beams N/A Roof Bracing/Collar Ties Exterior Trim M ate ria l T yp e ThicknessSize Fascia Board Soffit Siding Corners Garage Door Trim Window Trim Door Trim Rake Board Exterior Beams Exterior Posts Flashing Material: Windows: Doors: Soffit Vents: Gable Vents: WINDOWS:Manufacturer/Style: Material: Insulated Glass: Screens: Storms: Grilles: Shutters: STAIRS: LOCATION JACKSTREADSRISERS MaterialSizeMaterialSize Material SizeBasement 1st Floor 2nd Floor Disappearing Stairs- Make and Model Number: EXTERIOR DOORS: (Including Storm Doors) Door Brand/Model/Material SizeThicknessHardwareFront Rear Sliding/Patio Garage 3. WORK SITE: The Project shall be constructed on the property of Owner located at and more particularly described as (hereafter "the Work Site"). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the drawings or specifications, no landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 4.TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before and shall substantially complete the work on or before . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 5. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price.6. INSURANCE: Contractor shall maintain general liability, workers compensation and builder's risk insurance.7. SURVEY AND TITLE: If the Project is near the Owner’s property boundary, Owner will point out property lines to the Contractor. If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site.8. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the drawings and specifications, from time to time during the construction of the Project. However, any such change or modification shall only be made by written "Change Order" signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost. 9.CONTRACT PRICE:{COST PLUS}Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of$ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: .OR{FIXED FEE}Owner agrees to pay Contractor the sum of $ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: .Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due.10.LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month.11.DESTRUCTION AND DAMAGE: If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.12.ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent. Any such assignment shall be void and of no effect.13. INTERPRETATION:(a)Interpretation of Documents. The Contract, drawings, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the drawings, and the Contract shall control both. If work is displayed on the drawings but not called for in the specifications, or if the work is called for in the specifications but not displayed on the drawings, Contractor shall be required to perform the work as though it were called for and displayed in both documents. (b)Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified only by a written agreement signed by both parties.(c)Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of Oregon.14. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs.15.PERFORMANCE:(a)Contractor may, at its discretion, engage licensed subcontractors to perform work pursuant this Contract provided Contractor shall remain fully responsible for the proper completion of the Project. (b)All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work.(c) Contractor agrees to remove all debris and leave the premises in broom clean condition.16.WARRANTY: Contractor's warranty shall be limited to due to improper framing labor techniques which arise and become known within one (1) year from the date hereof, except for the following allowances: floor variance shall not exceed 1/4 inch in 32 inches, bowed or out of plumb walls shall not exceed 1/4 inch in 32 inches, and floors may squeak. All said defects arising after one (1) year and defects in material are not warranted by Contractor. Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials.AGREED:CONTRACTOR:Signature Print Name & Title Date CCB License Number Name of License Holder Address of License Holder OWNER:Signature Print Name Address Date Phone Number of License Holder NOTICES TO OWNER: CCB Recommended Contract Addendum to Satisfy Contract Terms Requirement OAR 8 12 -0 12 -0 110 1. List of Req uired Construction Co ntractor Board (CCB) Consumer NoticesOregon law requires construction contractors to give homeowner s certain notices before and during a construction project. The following is a list of the forms. It is im portant to read and understand these forms . a.Consumer Protection Notice.b. Information Notice to Owner About Construction Liensc.Notice of Procedure2. Explanation of Property Ow ner’s Rightsa.Consumers have the right to receive the pr oducts and services agreed to in t h e contract. b. Consumers have the right to resolve disputes through means outlined in the contract.c.Consumers have the right to file a co mplaint with the CCB. Any arbitration or mediation clauses in the contract may prevent the CCB from processing. 3. Arbitration /Mediation Clausea.An “arbitration or mediati on clause” is a written portio n of a contract designed to settle how the parties will solve disputes that may arise during, or after the con struction project. Arbitration clauses ar e very important. They m ay li mit a consu mer’s ability to have their disput e resolved by the Oregon court system or the Oregon Construction Contractors Board.b. The followin g bo x shoul d be checked by the contractor: This contract contains an arbitration or mediation clause. This contract DOES NOT contain an arbitration or mediation clause. c.The Oregon Construction Contractors Board urges consumers to read and un derstand the enti re contract – including any arbitration clause before signing a constr uction contract. Consu mer s are not obligated to accept contract te rms proposed by the contractor, including a rbitration pr ovisions. These m ay be negotiated to the satisfaction o f both parties.4. Offer of Written Warranty (New Residential Structure Only)Purchaser acknowledges the contractor has offered warranty against defects in materials and w ork m an sh ip t o t h e pu rc h ase r. B uyer h as a cce p te d o r r e je cte d t h e o ffe r o f w arra n ty . (see appendix in contract.) _______________________ purchaser ____________________ dateSignatureConsumer Signature Date Consumer Signature DateList of Required Consumer NoticesOregon law requires construction contractors to give homeowners certain notices before and during a construction project. The following is a list of the required notices. It is important to read and understand these forms.1. Consumer Protection Notice2. Information Notice to Owner About Construction Liens3. Notice of ProcedureThese forms are attached to and made a part of this contract.Explanation of HOMEOWNERS’ Rights1. Consumers have the right to receive the products and services agreed to in the contract.2. Consumers have the right to resolve disputes through means outlined in the contract.3. Consumers have the right to file a complaint with the CCB. Any arbitration or mediation clauses in the contract may need to be complied with during the resolution of the CCB complaint.Explanation of Mediation or Arbitration ClauseAn “arbitration or mediation clause” is a written portion of a contract designed to settle how the parties will solve disputes that may arise during, or after the construction project. Arbitration clauses are very important. They may limit a consumer’s ability to have their dispute resolved by the Oregon court system or the Oregon Construction Contractors Board. ' contract contains an arbitration or mediation clause.' contract DOES NOT contain an arbitration or mediation clause. The Oregon Construction Contractors Board urges consumers to read and understand the entire contract – including any arbitration clause before signing a construction contract. Consumers are not obligated to accept contract terms proposed by the contractor, including arbitration provisions. These may be negotiated to the satisfaction of both parties._________________________ _____________________Homeowner Date _________________________ _____________________Contractor Date Consumer Protection Notice Actions to help make your project successful (ORS 701.330 (1)) Oregon law requires contractors to provide the homeowner with this notice at the time of written contract, for work on a residential structure. This notice explains licensing, bond and insurance requirements, and steps that consumers can take to help protect their interests. START OUT YOUR PROJECT RIGHT 1. Make sure your contractor is properly licensed before you sign a contract. Visit www.oregon.gov/ccb, and click on the link, Check on a Contractor’s License, or call our offices at 503-378-4621. To be licensed in Oregon, contractors must take training and pass a test on business practices and law. Licensing is not a guarantee of the contractor’s work.• A license requires the contractor to maintain a surety bond and liability insurance The CCB surety bond provides a limited amount of financial security if the contractor is ordered to pay damages in contract disputes. It is not intended to be a safety net for consumer damages. Consumers with large projects may wish to look into performance bonds. Liability insurance coverage provides for property damage and bodily injury caused by the contractor. It does not cover contract disputes, including poor workmanship. • If your contractor is not licensed - the CCB bond and dispute resolution services will not be available to you.2. What you should know about bids, contracts, and change orders: • Bids - Do not automatically accept the lowest bid - A low bid may make it necessary for the contractor to use lower quality materials and to cut corners in workmanship.• Contracts and Change Orders - Always get it in writing. Your contractor is required to provide a written contract if the contract price is more than $2000. The CCB recommends that all contracts be in writing.• Contracts should be as detailed as possible -Some items to include are materials and costs, permits, estimated start and completion dates, debris removal, and arbitration clauses. Make sure the contractor’s name, CCB number, and contact information is included in the contract.• Read and understand your contract before signing it - Don’t be pressured into signing your contract without taking the time needed to go through it. Make sure it includes enough details to avoid misunderstandings and to protect you and your property.3. Additional contract information you should know:• A Payment Schedule - should be included in the contract. Stick to the schedule and never pay in full for a project before the work is complete.• Special Note on Liens - Subcontractors and material suppliers that work on your project are often paid by the general contractor. If a general contractor fails to pay, the subcontractor may file a lien on your property. For information on construction liens, visit the CCB’s Consumer Help Page at www.oregon.gov/ccb, or contact an attorney. • Warranty on new residential construction - Contractors must make an offer of a warranty when constructing a new residential structure. Consumers may accept or refuse the warranty.4. If you should have a problem with your contractor - You can file a complaint with the CCB against a licensed contractor within one year of the substantial completion of work on your project. Contact the CCB office at 503- 378-4621 for help.Visit the CCB website at for more information on having a successful project. www.oregon.gov/ccb ___________________________ ____________________________Signature DateCONTRACTOR: CCB#: __________________________________________________________________________Signature DatePROPERTY OWNER: ___________________________ ____________________________Signature Date NOTICE OF RIGHT TO A LIEN. WARNING: READ THIS NOTICE. PROTECT YOURSELF FROM PAYING ANY CONTRACTOR OR SUPPLIER TWICE FOR THE SAME SERVICE. To: ______________________ Date of mailing: ______________________ Owner ______________________ Owner's address ______________________ This is to inform you that ______________________ has begun to provide ______________________ (description of materials, equipment, labor or services) ordered by ______________________ for improvements to property you own. The property is located at ______________________. A lien may be claimed for all materials, equipment, labor and services furnished after a date that is eight days, not including Saturdays, Sundays and other holidays, as defined in ORS 187.010, before this notice was mailed to you. Even if you or your mortgage lender have made full payment to the contractor who ordered these materials or services, your property may still be subject to a lien unless the supplier providing this notice is paid. THIS IS NOT A LIEN. It is a notice sent to you for your protection in compliance with the construction lien laws of the State of Oregon. This notice has been sent to you by:NAME: ______________________ADDRESS: ______________________TELEPHONE: ______________________ IF YOU HAVE ANY QUESTIONS ABOUT THIS NOTICE, FEEL FREE TO CALL US. IMPORTANT INFORMATION FOR YOUR PROTECTION Under Oregon's laws, those who work on your property or provide labor, equipment, services or materials and are not paid have a right to enforce their claim for payment against your property. This claim is known as a construction lien. If your contractor fails to pay subcontractors, material suppliers, rental equipment suppliers, service providers or laborers or neglects to make other legally required payments, the people who are owed money can look to your property for payment, even if you have paid your contractor in full. The law states that all people hired by a contractor to provide you with materials, equipment, labor or services must give you a notice of right to a lien to let you know what they have provided. WAYS TO PROTECT YOURSELF ARE: — RECOGNIZE that this notice of right to a lien may result in a lien against your property unless all those supplying a notice of right to a lien have been paid. — LEARN more about the lien laws and the meaning of this notice by contacting the Construction Contractors Board, an attorney or the firm sending this notice. — ASK for a statement of the labor, equipment, services or materials provided to your property from each party that sends you a notice of right to a lien. — WHEN PAYING your contractor for materials, equipment, labor or services, you may make checks payable jointly to the contractor and the firm furnishing materials, equipment, labor or services for which you have received a notice of right to a lien. — OR use one of the methods suggested by the "Information Notice to Owners." If you have not received such a notice, contact the Construction Contractors Board. — GET EVIDENCE that all firms from whom you have received a notice of right to a lien have been paid or have waived the right to claim a lien against your property.—CONSULT an attorney, a professional escrow company or your mortgage lender. In fo rm atio n Notic e To Owner Abou tC on str u ctio n Lie n s This is not a lien. Y our contractor is required by law to provide this notice to inform you about construction lien laws. This notice explains the construction lien law, and gives step s you can take to protect your property from a valid lien. As an owner , you should read this information notice carefull y. This information notice is required to be given if you contract for residential construction or remodeling, if you are buying a new home, or at any time the contract price exceeds $2,000. •Under Oregon law, your contractor and others who provide labor, materials, equipment, or services to your project may be able to claim p ayment from your property if they have not been p aid. That claim is called a Construction Lien.• If your contractor does not pay subcontractors, employees, ren tal equipment dealers, materials suppliers, or does not make other legally required payment s, those who are owed money may place a lien against your property for payment. It is in your best interest to verify that all bills related to your contract are paid, even if you have paid your contractor in full.• If you occupy or will occupy your home, persons who supply materials, labor, equipment, or services ordered by your contractor are permitted by law to file a lien against your property only if they have sent you a timely Notice of Right to Lien (which is dif ferent from this Information Notice), before or during construction. If you enter into a contract to buy a newly- built, p artially-built, or newly-remodeled home, a lien may be claimed even though you have not received a Notice of Right to a Lien. If you do not occupy the building, a Notice of Right to Lien is not required prior to filing a lien.This notice is not intended to be a complete analysis of the law . Y ou should consult an attorney for more information.Com m on Questio n s an d Answ er s A bou t C on str u ctio n L ie n sCan someone record a construction lien even if I p ay my contractor? Yes. Anyone who has not been paid for labo r, material, equipment, or services on your project and has provided you with a valid Notice of Right to Lien has the right to record a construction lien.What is a Notice of Right to Lien? A Notice of a Right to Lien is sent to you by persons who have provided labor, materials, or equipment to your construction project. It protect s their construction lien righ ts against your property .What should I do when I receive a Notice of Right to Lien? Don’t ignore it. Find out what arrangement s your contractor has made to pay the sender of the Notice of Right to Lien.When do construction liens need to be recorded? In Oregon, construction liens generally need to be recorded within 75 days from the date the project was subst antially completed, or 75 days from the date that the lien claimant stopped providing labor, material, equipment, or services, whichever happened first. T o enforce a lien, the lien holder must file a lawsuit in a proper court within 120 days of the date the lien was filed.Note to Con tr a cto r: T his notic e m ust be deliv ere d pers o nall y , or m aile d by re g is te re d m ail, certif ie d m ail, or b y fir s t- c la ss m ail w ith a c ertif ic ate of m ailin g . A sk th e sig nin g partie s t o pro vid e you with an orig in al or co p y to re ta in in you r f ile s. Y ou s hould re ta in pro of of deliv ery of t h is notic e fo r at le ast tw o years . Ste p s T hat C on su m er s C an Tak e t o Pro te ct T hem se lv es • Contact the Construction Contractors Board (CCB) and confirm that your contractor is licensed. The law requires all construction contractors to be licensed with the CCB. Check a contractor ’s license online at the CCB consumer website: www.oregon.gov/ccb , or you can call 5 03-3 78-4 621. • Review the Consumer Protection Notice (ORS 701.330(1)), which your contractor must provide to you at the time of contract on a residential structure.• Consider using the services of an escrow agent to protect your interest s. Consult your attorney to find out whether your escrow agent will protect you against liens when making p ayment s.•Cont act a title comp any about obtaining a title policy that will protect you from construction lien claims.• Find out what precautions, if any , will be taken by your contractor , lending institution, and architect to protect your project from construction liens.•Ask the contractor to get lien waivers or lien releases from every subcontracto r, materials provider, equipment provider, and anyone else the contractor is responsible for paying. Do this before you give your contractor a progress p ayment.• Have a written contract with your contractor . A written contract is required for projec ts greater than $2,000. An original contractor that fails to provide a written contract as required by law , may not place a construction lien against the owner ’s property.• If you receive a Notice of Right to Lien, ask for a statement of the reasonable value of the materials, labor, equipment, or services provided to your project from everyone who sends you a Notice of Right to Lien. If the information is not provided in a timely manner , the sender of the Notice of Right to Lien may still be able to file a construction lien, but will not be entitled to attorney f ees.• When you pay your contractor , write checks made jointly p ayable to the contractor , subcontractors, materials, equipment, or services providers. The checks name both the contractor and the subcontractor , materials or equipment provider. The checks can only be cashed if both the contractor and the subcontractor , materials or equipment provider endorses it. This ensures that the subcontractor and other providers will be paid by your contractor , and can eliminate the risk of a lien on your property .•Should you have a dispute with your contractor , you may be able to file a complaint with the CCB and be reimbursed in whole or in part from the contractor’s bond. For more details about help available through the agency, write to the CCB at PO Box 14140, Salem, OR 97309-5052 or call 503-378-4621.•Consult an attorney . If you do not have an attorney, consider contacting the Oregon State Bar Referral Service at 503-684-3763 or 1- 800-452-7636.Signing this Information Notice verifies only that you have received it. Your signature does not give your contractor or those who provide material, labor, equipment, or services, any additional right s to place a lien on your property .Job Site Address: CONTRACT OR:CCB#: PR O PE R TY OW NER : Print Name (as it appears on contract) Print Name (as it appears on contract) Signature DateSignatureDate Mois tu re I n tr u sio n & Wate r D am age In fo rm atio n For H om e O wners Effective July 1, 2008, contractors that build new homes must provide special information to homebuyers about moisture intrusion and water damage, and provide a home maintenance schedule in accordance with ORS 701.335. The following information was prepared by the Oregon Construction Contractors Board (CCB) to help contractors comply with this requirement.What is moisture intrusion and water damage? “Moisture intrusion” means water – whether liquid, frozen, condensed or vaporized – that penetrates into your home. “W ater damage” means damage or harm caused by moisture intrusion that reduces the value or usefulness of your home.How does moisture intrusion and water damage occur? Some causes of moisture intrusion and water damage are:•Missing or loose roofing materials or flashing• Window sills or door frames without adequate caulking or weather-stripping• Lack of caulking in siding, mortar in masonr y, or grout in exterior ceramic tile insta lla tio ns• Degraded paint on exterior siding or surfaces• Overflowing or clogged gutters•Gutter drains or downspouts that are not a sufficient distance from the str u ctu re• Improper drainage slope next to foundation• Plant materials too close to the structure or foundation• Sprinklers that overspray onto the structure or foundation• Non-w ork in g in te rio r v en tila tio n sy ste m sHow can you tell if your home has water damage? Signs of water damage may include dampness, staining, mildew (blackened surfaces with a musty smell), or softness in wood (a possible sign of dry rot).What to do if you see signs of water damage: If water damage is discovered, you should investigate its source. T ake steps to repair or replace any building p art s or materials that allowed the moisture intrusion. You may need to take additional step s, depending on the extent of the water damage.If you have specific questions about maintaining your new home, ask your contractor . If you need professional assistance in conducting a maintenance inspection, you may wish to contact your contractor or a licensed home inspection business.Page 1 Page 2 REC O M MEN DED M AIN TEN ANCE SC H ED ULE FO R HOM EO W NER S (O RS 701.3 35 ) ( O AR 8 12-0 01-0 240) M ain te n an ceIte mD esc rip tio n of Ma in te n an ceH owO ft e nD ateD ateDateDateC au lk in g/ We a th er - Str ip pin gCheck and repair missing, cracked, or peeling caulking or weather- stripping around window sills, door frames, and in siding gaps.Twice yea rlyD eb risR em ovalInspect gutters for debris blockage. Remove debris (for example, tree needles and leaves) from downspouts and gutters.Yea rlyF ou ndatio nCheck soil around foundation to make sure that it slopes in such a way that water can flow away from the foundation. Fill soil in any areas that have settled around the foundation.YearlyGutters & Do w nsp ou tsI n sp ec t g u tte rs a n d dow nsp outs f o r l e ak s. Re p air if necessa ry . Check alignment of gutters, downspouts, and splash blocks to ensure that water is properly diverted away from the structure and foundation. Repair if necessary.Y ea rlyL an dsc a p in gS prin kle r sCheck landscaping sprinklers to make sure that they are not set so that they will soak siding or form puddles near the foundation. Adjust if necessary .Yea rlyMortarCheck and re pair missing mortar in exterior masonry.YearlyP ain tCheck painted surfaces for cracking, peeling, or fading. Repaint if necessary.Yearly Roo fCheck roof for damaged, loose, or missing shingles. Check flashing a ro un d ro of sta ck s, v en ts , sk ylig hts , a n d ch im ney s an d in ro of valle y s for missing or loose flashing. Re pair or replace if necessary .Yea rlyT rees & Shru bsT rim back tree branches, shrubs, and other plants to make sure they are not in contact with the structure.Yea rlyV en tila tio nS yste m sCheck to make sure that interior mechanical ventilation systems (such as bathroom, kitchen, and utility room vent fans) are in good working order. Repair if necessar y.Every two month sW ater S tainsCheck for water stains in the roof of the attic and in the exterior overhangs or soffits. If water stains are present, locate and repair the cause of moisture intrusion.Y early Notic e o f P ro ced ure R eg ard in g Resid en tia l C on str u ctio n A rb it r a tio n s an d L aw su it s O re g on la w co nta in s i m porta n t re q uir e m en ts t h at h om eo w ners m ust fo llo w befo re s ta rtin g an arb it r a tio n or c o urt acti o n ag ain st an y co ntr a cto r, su bco ntr a cto r, o r s u pplie r (m ate ria ls or eq uip m en t) fo r c o nstr u ctio n defe cts .Before you start an arbitration or court action, you must do the following:1. Deliv er a w ritte n no tic e of a n y co nditio ns t h at y ou belie v e a re defe ctiv e to th e co ntr a cto r, su bco ntr a cto r, o r su pplie r th at y ou belie v e is r e sp onsib le fo r t h e a lle g ed defe ct.2 . Allo w th e c o ntr a cto r, su bco ntr a cto r, su pplie r, o r i ts ag en t, to vis u all y in sp ec t th e po ssib le defe cts a n d als o allo w th e co ntr a cto r, su bco ntr a cto r, o r s u pplie r t o do reaso nab le te stin g.3. Pro vid e th e co ntr a c to r, su bco ntr a cto r, su pplie r, or i ts ag en t, th e opportu nit y to m ak e an off e r to re p air or p ay fo r th e d efe cts . Y ou are not oblig ate d to accep t a n y offe r ma d e.T here are str ic t p ro ced ure s an d dead lin es th at m ust b e fo llo w ed under O re g on la w . F ailu re t o fo llo w t h ose pro ced ure s or m ee t th ose dead lin es w il l a ffe ct y our rig h t to sta rt a n arb itr a tio n or co u rt a c tio n.Y ou sh ou ld co n ta ct an a tto rn ey fo r i n fo rm atio n on th e p ro ced ure s an d dead lin es r eq uir e d un der O re g on la w .Your contractor is supplying this notice to you as required by Oregon law.CO NTR A CTO R: CCB#: HOM EO W NER :Print Contractor Name (as it appears on contract) Print Homeowner Name (as it appears on contract)Signature of Authorized Representative Date Sig natu re Date Notice of Compliance with th e Homebuye r Protection Act (HPA) In complia nce with Oregon law, the bel ow mentioned Seller has selected to comply with the requi rements of ORS87.007.1. ADDRESS or DE SCRI PTION OF PROPERTYAddress or Locat ionCity, StateZip Code2. DATE OF PURC HASE (CHOOSE ONE)A. … ORS 87.00 7 (which include s the provisio ns listed in part B of this form) does not a pply to the sale of the abovedescri bed Pr operty .B. … ORS 87.00 7 applies to the sale of the a bove described Propert y. Seller compl ied with ORS 87.007 (2 ) by(ch eck which one ap plies):1. … Title Insuran ce as provided for in ORS 87.007(2)(a ).2. … Retained in Escrow not l ess than 25 percent of the sale p rice as provide d for in ORS 87.00 7(2)(b).3. … Bond or L etter of Cr edit as provided f or in ORS 87.007(2)(c).4. … Writ ten W aivers re ceive d from every pe rson clai ming a lien as pr ovided for in ORS 87.007 (2 )(d).5. … Completed Sale After the Deadline for perfecting lie ns as provi ded for in ORS 87.007(2)(e).3. SELL ER INFORMAT IONCompany Na me (if appl ic able)Agent of Company or Indivi dual Selle rTitle of Company Agent (if appli cabl e)Signature Date4. BUYER INFORMATIONBuyer NameAgent of Company or Indivi dual BuyerTitle of Company Agent (if appli cabl e)Signature Date - 5 - In str u ctio n s These inst ructions are provided to assist selle rs of resi dential prope rty with the Oregon Homebuyer Prote ction Act (HPA), codified in ORS 87 .007. The HPA protect s resi dentia l property buyers against c onst ructio n liens filed in co unty records after the sale of the property wh ere such lien s arise out of new constru ction, addition s or remod eling within 9 0 days of the d ate of the sale.DisclaimerThese inst ructions do n ot constitute leg al advice. For question s, please co ntact an attorney.Who must complete this form?A residential property own er selling –• A new si ngle family resid ence, cond ominium unit or resi dential bui lding (contai ning four o r fewer dwelling units), or • An existing s ingle family resid ence, co ndominiu m unit or resi dentia l building (co ntaining four or fewe r dwelling units) that had at least $50,000 worth of imp rovements, ad ditions or remodelin g completed within 90 days of the date of the sale.Instructions for Sec tion AIf the propert y fits the description above, but the seller kno ws that no person m ay file a lien against the property, the selle r may ch eck the box in Section A o f the form.Instruc tions for Sec tion BIf the seller knows that it is possible for some one to file a lien agai nst the property, the seller must check S ection B of the form and at least one corresponding box that appli es to the acti on the seller took, or will take, to com ply with the HPA. Box 1 Title I nsurance – The sel ler h as or will purch ase or pr ovi de an owner’ s extended coverag e title insu rance pol icy or equival ent that does not except filed or unfil ed claim s of lien. A standard t itle insura nce or a lend er’s title insu rance p olicy may not be sufficient. See ORS 87 .007(2)(a). Box 2 Retain in Escr ow – The sell er will arra nge to re tain in escr ow an amount of not less tha n 25 percent of the sales price of the pr operty. The escrow will pay any claims of lien not paid by the seller filed after the date of the sale. Any unus ed fun ds will be relea sed to th e sell er upo n fulfillment of the followi ng conditions:• Claims of lien have not bee n filed against the prope rty and at least 90 days have passed sin ce the date the constr ucti on wa s compl eted. • One or m ore claim s of lien were filed ag ainst the prop erty, at least 135 days hav e pass ed si nce the date the liens were filed, and the liens were relea sed o r waived. See ORS 87.007 (2)(b). Box 3 Bond or Letter of Credit – The seller ha s or will maintain a bond or letter of credit. A Const ru ctio nContracto rs Board b ond, required for licensu re un der ORS chapte r 701, is not sufficient. See ORS 87.007 (2 )(c).Box 4 Writte n Waiv ers – The sell er has or will obtai n written waivers from every subcontrac tor or sup plier who claims lien s of $5,000 or more. Provide copi es of the waivers to the buyer no later than the date of the sale. (The CCB recomme nds co nsultin g an attorney for a ssistan ce with p reparing forms f or wai vers). See ORS 87. 007(2)(d).Box 5 Completed Sale a fter the Deadli ne – The sale will not be completed until at least 75 days after the completion of all con str uction. See ORS 87.007(2)(e ).Additional Instruc tionsThe seller and the buyer m ust sign and date the form on or before the clo sing d ate of the sale. Both partie s should retain a copy of the form. Compliance w ith the HP A is the sole responsibilit y of the seller.