Painting contract requirements in Oregon, and what changes in Vancouver

Painting counts as contractor work under ORS 701

ORS 701.005(5)(a) defines a contractor as a person who, for compensation, arranges, undertakes, offers to undertake or bids to construct, alter, repair, improve or otherwise work on a building or structure attached to real estate, "or to do any part thereof." ORS 701.021(1) then requires anyone who undertakes, offers to undertake or submits a bid to do work as a contractor to hold a current CCB license with an appropriate endorsement, unless an ORS 701.010 exemption applies.

The statute does not list trades by name, but the Construction Contractors Board’s CCB License page names painting among its examples of work that requires a license. Because the requirement covers offering and bidding, it applies before any paint is on the wall.

A written contract once the price passes $2,000

ORS 701.305(1) says a contractor may not perform work to construct, improve or repair a residential structure for a property owner without a written contract if the aggregate contract price exceeds $2,000. If a job starts below $2,000 and grows past it, the contractor must deliver a written contract within five days after knowing, or when it should reasonably know, that the price will exceed $2,000. The same subsection says failing to have a written contract does not void the contract.

For painting, the threshold is low. This site’s own cost guide, which publishes editorial estimates rather than survey data, starts its exterior ranges at $3,500 for a one-story home, so a typical exterior repaint is well past it. A small interior job can start below $2,000 and cross it when trim or ceilings are added, which is what the five-day rule addresses.

The seven things the contract must contain

Where ORS 701.305 requires a written contract, OAR 812-012-0110(1) says the contract or an attached addendum must contain the items below, and section (2) says they must be legible and in dark ink.

The CCB’s own Residential Construction Contract Checklist happens to use an exterior house painting job as its sample "description of the work." It lists crack repair, power washing, removing poorly adhered paint, sanding glossy surfaces, a named primer, a named finish paint with the number of coats, and colors for siding and for trim. The rule itself only requires a description. In this site’s view, a useful painting description names each surface, the prep, where primer goes, the product line and sheen, the coats, the colors by surface, and what is excluded, such as siding replacement.

• The contractor’s name, address, phone number and CCB license number as shown on board records
• Acknowledgment of a written warranty offer, where ORS 701.320 requires one (new residential construction), with acceptance or rejection
• A conspicuous explanation of the owner’s rights, including the ability to file a complaint with the CCB and whether the contract has a mediation or arbitration provision
• The customer’s name and address
• The address where the work will be performed
• A description of the work to be performed
• Price and payment terms

Three CCB notices, delivered no later than signing

OAR 812-012-0130(1) says a contractor required to have a written contract must deliver the consumer notices described in OAR 812-001-0200 on or before the date the contract is entered into. That rule names the three forms: the Information Notice to Owner About Construction Liens, the Consumer Protection Notice, and the Notice of Procedure. Section (2) requires the contractor to keep proof of delivery for two years, which can be a signed copy of the notices, a phrase in the contract acknowledging receipt that the owner initials, or the contract itself if the notices are fully contained in it.

The lien notice and what happens without it

ORS 87.093(2) requires the original contractor to deliver the Information Notice to Owner at the time of signing a residential construction or improvement contract, in person or by the mail methods subsection (3) lists. Subsection (4) limits the requirement to contracts whose aggregate price exceeds $2,000, with the same five-day rule for a job that grows past it.

Subsection (6) states the consequence: an original contractor that did not deliver the notice may not claim a construction lien on the owner’s property for labor, services or materials supplied under that contract. Subsection (7) lets the board suspend the contractor’s license. Under subsection (1)(a), the notice must explain how an owner can avoid paying twice for the same materials and labor.

Cancellation until midnight of the next business day

ORS 701.310(1) says a property owner who enters into an initial written contract for work on a residential structure they own may cancel it by delivering written notice any time before 12 midnight at the end of the next business day. The notice can be in any written form, email included, and must state the intention to cancel.

Subsection (2) removes the right in three cases: when both parties agree work is to begin before the cancellation period expires, after the contractor substantially begins the work, and when an initial contract is being modified after the period has run. A painting contract that sets the start for the same or next day is the case subsection (2)(a) describes. The statute does not define how much prep counts as substantially beginning.

Deposits and the right to complain to the CCB

ORS 701.312 does not cap deposits. It lets the board place a contractor on probation if it accepts a deposit of more than 50 percent of the total contract price for a home improvement and then fails to perform diligently and to the contract specifications, or fails to perform and does not return the deposit within 10 days after a reasonable demand.

ORS 701.315 says a residential contract may not contain a provision limiting a person’s right to file a complaint with the CCB, and that it may require mediation or arbitration of disputes. The CCB checklist cautions that arbitration clauses may limit a consumer’s use of the courts or the board.

Vancouver and Clark County: Washington’s different rules

Washington does not mirror Oregon. RCW 18.27.114(1) requires a contractor working on four or fewer residential units to give the customer a NOTICE TO CUSTOMER disclosure, in the statutory wording, before starting work when the bid or contract price totals $1,000 or more. It states the registration number and bond amount and warns that the bond might not cover a claim. Under subsection (2) the contractor keeps the signed copy for at least three years, and under (4) it cannot bring or keep a lien claim without proving the disclosure was given.

RCW 18.27.040(1) sets the bond at $30,000 for a general contractor and $15,000 for a specialty contractor. Washington L&I’s registration page says those amounts took effect July 1, 2024 and apply at renewals from that date. Chapter 18.27 RCW contains no equivalent of Oregon’s $2,000 written-contract rule, its seven required terms, or its next-business-day cancellation right.