Oregon Public Works Bond

Most contractors performing work on public property in Oregon need an Oregon Public Works Bond. These bonds are inexpensive and can be purchased instantly. Learn more about what they guarantee and how to get one.

 

Blue and orange button to instantly purchase an Oregon Public Works Bond. An orange state of Oregon on the left. An excavator on the right.

 

Who Needs an Oregon Public Works Bond?

Contractors working on Oregon public works projects of $100,000 in value or more must post an Oregon Public Works Bond with few exceptions. Oregon code 174.109 states that a Public Body means: 

“State government bodies, local government bodies and special government bodies.”

Therefore, construction projects or improvements for any Oregon government entity exceeding $100,000 will require an Oregon Public Works Bond that must be filed with the Oregon Construction Contractors Board (CCB). The $100,000 threshold includes the combined value of work performed by every person paid by a contractor or subcontractor in any manner for the person’s work on the project. This includes both general contractors and Subcontractors on public works projects. Donated labor and material are excluded from the $100,000 threshold. The full requirements can be found here.

 

Non-Contractors

Companies other than construction companies also need an Oregon Public Works Bond if the value of their contract exceeds the $100,000 threshold. The companies need to file this form with the CCB.

 

Exception to Needing a Public Works Bond

There are certain contractors that are exempt from providing an Oregon Public Works Bond. These include the following:

  • A contractor is not required to pay prevailing wage under ORS 279C.800 to 279C.870
  • Emergency contracting under ORS 279A.065. Specifically,In cases of emergency, or if the interest or property of the public agency for whose benefit the contract was awarded probably would suffer material injury by delay or other cause, the requirement for filing a public works bond may be excused, if a declaration of the emergency is made in accordance with rules adopted under ORS 279A.065.”
  • Qualified disadvantaged, minority, woman, service-disabled veteran or emerging small business. 

 

Do Non-Licensed Contractors Need to Purchase a Public Works Bond?

Yes, if they are working on public project with a value of $100,000 or more. Only those listed in the exceptions above do not need to purchase this public works bond.

Non-licensed contractors are not exempt from the requirement of obtaining an Oregon Public Works Bond. This bond must be purchased by all contractors and subcontractors, regardless of their licensing status, when undertaking a public works project with a total cost exceeding $100,000. Additionally, it is worth noting that companies outside the construction industry are also subject to this requirement if the value of their contract exceeds the specified threshold. To ensure compliance, these companies must file the necessary form with the CCB. Therefore, it is essential for non-licensed contractors, along with other businesses, to be aware of and fulfill their obligations regarding the Oregon Public Works Bond when engaging in qualifying projects.

 

What Does an Oregon Public Works Bond Guarantee?

 

This shows on Oregon highway sign with two excavators under it. A text box shows what Oregon Public Works Bonds guarantee.

 

An Oregon Public Works Bond guarantees that the contractor or subcontractor will pay claims ordered by the Bureau of Labor and Industries to workers performing labor upon public works projects. In other words, the bond protects workers on prevailing wage projects. If workers are not paid, they can file a claim with the Bureau of Labor and Industries (BOLI) against the Oregon Public Works Bond.

 

What is the Required Amount of an Oregon Public Works Bond?

An Oregon Public Works Bond must be in the amount of $30,000. Regardless of the amount of claims, a surety bond company’s liability under the bond is limited to the $30,000 amount.

An excavator digging on a road representing public works. An Oregon state image to the right. In the middle a box showing the required bond amount for Oregon Public Works Bonds.

 

How to Obtain an Oregon Public Works Bond

Oregon Public Works Bonds are easy to obtain. They can be purchased online in minutes with a simple credit check. Contractors can submit, purchase and print their bond quickly and easily.

 

Blue and orange button to instantly purchase an Oregon Public Works Bond. An orange state of Oregon on the left. An excavator on the right.

 

Can You Obtain an Oregon Public Works Bond with Bad Credit?

Generally, yes. Most contractors can obtain Oregon Public Works Bonds, even with bad credit or bankruptcies. The contractor may have to provide additional information or pay more but there are options available for contractors in most situations. Axcess Surety works with a number of different bond companies. Our surety experts can help contractors of all circumstances find the bond they need at the best price.

 

What Does an Oregon Public Works Bond Cost?

Oregon Public Works Bonds cost 0.5% – 1.0% for most contractors. That means contractors should expect to pay $150 – $300. This depends on the bond company. The online instant issue will be 1% but contractors with good credit that are willing to fill out an application can pay only $150. The Public Works Bonds will renew annually for each year that is needed and the premium will be due yearly.

 

A public construction project in the background. An Oregon state flag to the right. A blue box shows the cost of Oregon Public Works Bond.

 

Duration and Cancellation

An Oregon Public Works Bond must be continuous in nature. The liability stays open until the bond limits are depleted, or the surety bond company cancels the bond. The surety may cancel the bond by giving 30 days written notice to the Bureau of Labor and Industries. However, the surety’s liability for any claims that occurred while the bond was in force are still the surety’s responsibility. A contractor will need to replace the bond with another or risk getting suspended from the project.

 

Other Bond Requirements

  • An original Oregon Public Works Bond is required before beginning work. Copies or faxes are not accepted.
  • The Public Works Bond must be written by a surety bond company approved to do business in Oregon. 

 

A Public Works Bond is Not Insurance

Contractors should understand that an Oregon Public Works Bond is not insurance. If the surety bond company pays a claim against the bond, they will seek to be reimbursed by the contractor under the indemnity agreement. Therefore, claims should be avoided at all costs.

 

Does a Public Works Bond Replace the Oregon Contractor License Bond?

No. The Oregon Public Works Bond does not replace the Oregon Contractor License Bond. Contractors seeking to obtain a residential or commercial contractor license will still need to purchase a contractor license bond. Additionally, contractors involved in public works projects with a total cost exceeding $100,000 will need to purchase the Public Works Bond in addition to the Contractor License Bond.

Therefore, it is important for contractors to understand that while the Public Works Bond is necessary for certain projects, it does not replace the Contractor License Bond, which is a requirement for obtaining a contractor license in Oregon.

 

Other Bonds May be Necessary.

Contractors working in Oregon may need other bonds in addition to the Public Works Bond. Most Oregon contractors will also need an Oregon Contractor License Bond. The Oregon Public Works Bond does not replace the Oregon Contractor License Bond.  Other license bonds may also be needed and many of them can also be purchased online at the Oregon Surety Bond page. 

 

Commercial contractors often need Contract Bonds as well such as Bid Bonds, Performance Bonds, and Payment Bonds. Some of these bonds can also be purchased online, but larger bonds generally require financial statements.

Summary

Oregon Public Works Bonds are required on public projects with a value of $100,000 or more. These bonds can be easily purchased online by most parties. The surety bond experts at Axcess Surety are standing by to answer all of your surety bond questions and help with your bond needs. Contact us today. Contractors can also learn more about surety bonds by visiting our Complete Guide page.

A copy of an Oregon Public Works Bond can be seen by clicking here or by clicking the image below:

 

This is an image of an Oregon Public Works Bond.

 

What is Considered a Public Works Project in Oregon?

Oregon defines public works under ORS 279C.800 to include:

“Public works” includes, but is not limited to:
  • Roads, highways, buildings, structures and improvements of all types, the construction, reconstruction, major renovation or painting of which is carried on or contracted for by any public agency to serve the public interest;
  • A project that uses $750,000 or more of funds of a public agency for constructing, reconstructing, painting or performing a major renovation on a road, highway, building, structure or improvement of any type;
  • A project that uses funds of a private entity for constructing a privately owned road, highway, building, structure or improvement of any type in which a public agency will use or occupy 25 percent or more of the square footage of the completed project;
  • Notwithstanding the provisions of ORS 279C.810 (Exemptions) (2)(a), (b) and (c), a device, structure or mechanism, or a combination of devices, structures or mechanisms, that:Uses solar radiation as a source for generating heat, cooling or electrical energy; andIs constructed or installed, with or without using funds of a public agency, on land, premises, structures or buildings that a public body, as defined in ORS 174.109 (“Public body” defined), owns; or
  • Notwithstanding paragraph (b)(A) of this subsection and ORS 279C.810 (Exemptions) (2)(b) and (c), construction, reconstruction, painting or major renovation of a road, highway, building, structure or improvement of any type that occurs, with or without using funds of a public agency, on real property that a public university listed in ORS 352.002 (Public universities) owns.

Not Public Works in Oregon

According to the same code, the following is not considered public work in the State of Oregon:

  • Reconstructing or renovating privately owned property that a public agency leases; or
  • A private nonprofit entity’s renovation of publicly owned real property that is more than 75 years old if:
  • The real property is leased to the private nonprofit entity for more than 25 years;
  • Funds of a public agency used in the renovation do not exceed 15 percent of the total cost of the renovation; and
  • Contracts for the renovation were advertised or, if not advertised, were entered into before July 1, 2003, but the renovation has not been completed on or before July 13, 2007.

 

Josh Carson, AFSB
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