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• Introduced by Rep. Larry Springer, (Kirkland) (D) on January 20, 2009, creates an office of consumer education for home construction in the Attorney General’s office. Authorizes the Department of Labor and Industries to develop recommendations for certification requirements for anybody involved in the installation of roofing, windows, siding, foundations, framing and doors. Also require contractors involved in bankruptcy filings to notify the Department of Labor and industries of the proceedings, their nature and location within ten days of filing.
  • Referred to the House Judiciary Committee on January 20, 2009.
    • Substitute offered in the House on February 19, 2009, to include that the warranties that the work was constructed in a workmanlike manner and in conformance with applicable laws and require a plaintiff to show that a breach had an adverse effect. Also to exclude architects in the definition of "construction professional" and specifically exclude materials suppliers. The original bill required the L&I to suspend a contractor registration if the registrant failed to reasonably supervise employees, agents, or subcontractors or performed negligently or in breach of contract so as to cause injury or harm to the public, this was removed. The substitute passed by voice vote in the House on February 19, 2009.
    • Referred to the House Ways & Means Committee on February 19, 2009.
      • Substitute offered in the House on February 27, 2009, to eliminate the section that declares an intent to establish worker ertification requirements for those doing construction work in the areas of foundations, framing, siding, roofing, windows and doors, and directs Labor and Industries to develop recommendations for doing so. The substitute passed by voice vote in the House on February 27, 2009.
      • Substitute offered in the House on February 27, 2009, to eliminate the section that declares an intent to establish worker ertification requirements for those doing construction work in the areas of foundations, framing, siding, roofing, windows and doors, and directs Labor and Industries to develop recommendations for doing so. The substitute passed by voice vote in the House on February 27, 2009.
  • Referred to the House Rules Committee on March 2, 2009.
    • Amendment offered by Rep. Larry Springer, (Kirkland) (D) on March 11, 2009, to create a seven-member Home Construction Board (Board) within the Office of Consumer Education for Home Construction (Office) to investigate and mediate construction defect claims. Allows the Board to use the services of neutral third parties to investigate, assess, and mediate claims. Creates an account to fund the Office and requires the Department of Labor and Industries to charge contractors a $100 fee to be deposited in the account. Requires the Office to examine issues involved in establishing a recovery fund to provide compensation to residential real property homeowners through a claim filing process. Provides that the common law implied warranty of habitability extends to subsequent purchasers who purchase the property within six years of construction. Limits damages recoverable under the common law implied warranty of habitability to the cost of repairs, or if those are clearly disproportionate to the loss in market value, limits damages to the loss in market value. Removes the statutory implied warranties contained in the underlying bill. Requires every contract for the sale or construction of new residential real property to provide for written express warranties to the purchaser or owner of the property. Provides that the written express warranties must comply with detailed requirements, including minimum levels of coverage. The amendment passed by voice vote in the House on March 11, 2009.
    • Amendment offered by Rep. Steve Conway (D) on March 11, 2009, to exclude contractors that perform only commercial work from paying the consumer education fee. The amendment passed by voice vote in the House on March 11, 2009.
    • Amendment offered by Rep. Lynn Kessler, (D-Hoquiam) (D) on March 11, 2009, to exclude contractors that perform only commercial work from paying the consumer education fee. The amendment passed by voice vote in the House on March 11, 2009.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) (R) on March 11, 2009, to strike the provisions of the striking amendment and establishes a Committee on Residential Construction. The Committee must study issues relating to residential construction, including: whether contractors should be licensed or subject to enhanced registration requirements and whether construction workers should be certified, current remedies available for construction defects, the impact of creating a statutory warranty program, whether state building code standards and duties of inspectors should be expanded and other models for resolving construction defect claims, including Oregon's Construction Contractors Board model. The Committee must submit a report with its findings and recommendations to the Legislature by December 31, 2009. The amendment failed by voice vote in the House on March 11, 2009.
    • Amendment offered by Rep. Jay Rodne, (R-North Bend) (R) on March 11, 2009, to provide that written express warranties may be provided (rather than shall be provided) with any contract for the sale or construction of new residential real property. The amendment failed by voice vote in the House on March 11, 2009.
    • Amendment offered by Rep. Brendan Williams, (D-Olympia) (D) on March 11, 2009, to modify the composition of the Home Construction Board by deleting the architect member and adding one additional member of the general public. The amendment passed by voice vote in the House on March 11, 2009.
• Passed 52 to 45 in the House on March 11, 2009.
  Who Voted "Yes" and Who Voted "No"
• Received in the Senate on March 13, 2009.
  • Referred to the Senate Labor, Commerce & Consumer Protection Committee on March 13, 2009.
    • Amendment offered in the Senate on March 30, 2009, to limit the responsibilities of the Office of Consumer Education to collecting claims data from the Board, looking into creating a recovery fund and reporting the results of both to the Legislature. Engineers and architects are added back in to the definition of construction professional.The State Board Building Council is to develop rules addressing the third party inspection of wood moisture content prior to closing. Express warranties are struck and replaced with statutory warranties. Specialty contractors bonds are increased from $6,000/year to $12,000/year and general contractors bonds are increased from $12,000 year to $24,000/year. The amendment passed by voice vote in the Senate on March 30, 2009.
  • Referred to the Senate Ways & Means Committee on March 30, 2009.
  • Referred to the Senate Rules Committee on April 6, 2009.