And the Final Blog for the 2018 – Commercial vs. Residential Builds

On many occasions, we have been requested to participate in CLE’s (Continuing Legal Education Seminars) that discuss the main differences between commercial and residential builds. So for our final 2018 blog, we are going to try and briefly hit the main points of the differences, so here we go:

  1. A “commercial developer “means a developer of property that is zoned for or intended for use compatible with a small commercial or large commercial structure. Whereas a “residential developer” of property that is zoned for or intended for use compatible with a residential or small commercial structure. A small commercial structure would be a structure that contains one or more dwelling units and is four stories or less above grade.
  2. A “contractor” is a person that for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add t, subtract from, improve, inspect, move, wreck or demolish , for another, a building, highway, road, railroad , excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. Whereas, a “general contractor” does not mean a specialty contractor or a residential limited contractor.
  3. “Home Improvement” means a renovation, remodel, repair or alteration by a residential contractor to an existing owner occupied: residence, condominium, modular home (constructed off-site), manufactured dwelling. Whereas, a home improvement does not include a renovation, remodel repair or alteration by a residential contractor.

This is just a few of the differences related to commercial and residential build. A few key terms would be:

a.) “Developer” means a contractor that owns property or an interest in property and engages in the business of arranging for construction work or performing other activities associated with the improvement of real property, with the intent to sell the property

b)  “Home Inspector” means a person who, for a fee, inspects and provides written reports on the overall physical condition of a residential structure. However, a home inspector does not include persons certified under ORS 455 [https://www.oregonlaws.org/ors/455.010] to inspect new, repaired or altered structures for compliance with the state code.

c.)  “Key Employees” means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson or lead person or any other employee the board identifies by rule.

So there is a brief overview of some of the differences between commercial and residential builds.

To see the entire statute please visit https://www.oregonlaws.org/ors/701.005

This blog is in no way intended for the purpose of providing any legal advice. This blog is simply for the purposes of information suppled by the Oregon Revised Statutes and in no way should be construed as legal advice. If you require legal advice please seek a competent attorney.

Source: Noted above.

Have a wonderful holiday season and we will return on Monday, January 7, 2019.

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