Oregon Code § 701.635·Enacted ·Last updated March 01, 2026
Statute Text
Suspension of performance.
(1) An original contractor may suspend performance under a construction
contract, or if performance is suspended for longer than one month may
terminate a construction contract, if the owner fails to make timely payment of
the amount certified under ORS 701.625. An original contractor shall provide
written notice to an owner at least seven days before the original contractor
suspends performance or terminates the construction contract, unless a shorter
notice period is prescribed in the construction contract. An original
contractor may not be deemed in breach of a construction contract for
suspending performance or terminating a construction contract pursuant to this
subsection. A construction contract may not extend the notice period under this
subsection.
(2) A
subcontractor may suspend performance under a construction contract, or if
performance is suspended for longer than one month may terminate a construction
contract, if the owner fails to make timely payment of amounts certified under
ORS 701.625 or the subcontractor does not receive payment for the certified
work under ORS 701.630 (2). A subcontractor shall provide written notice to the
original contractor and owner at least three days before the subcontractor
suspends performance or terminates the construction contract, unless a shorter
notice period is prescribed in the construction contract. A subcontractor may
not be deemed in breach of a construction contract for suspending performance
or terminating a construction contract pursuant to this subsection. A
construction contract may not extend the notice period under this subsection.
(3) A
subcontractor may suspend performance under a construction contract, or if
performance is suspended for longer than one month may terminate a construction
contract, if the owner makes timely payment of amounts certified under ORS
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 701.635
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Suspension of performance. Read the full statute text above for details.
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The formal citation is Oregon Code § 701.635. Use this format in legal documents and court filings.
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